Supreme Court Declines Reservation for Specially-Abled Advocates in UP Bar Council

The Supreme Court has refused to order the Bar Council of India (BCI) and the Bar Council of Uttar Pradesh to reserve posts for advocates with disabilities in their governing bodies.

A Bench of Justices Surya Kant, Ujjal Bhuyan, and Joymalya Bagchi made the observation while hearing a public interest petition filed by an advocate seeking reservation for specially-abled lawyers in Bar Councils and Bar Associations across Uttar Pradesh.

The Court noted that the UP Bar Council elections have already been announced, although the nomination process is yet to begin. Stating that the demand for reservation falls under the policy domain, the Bench refused to interfere directly. However, it directed the Bar Council of India to look into the petitioner’s concerns and take an appropriate decision based on constitutional values and equality principles.

The order stated:

“At this stage, it seems difficult for this Court to interfere and issue a positive mandamus for providing the reservation that is sought. However, the reservation for persons with disability essentially being a policy matter, we dispose of this writ petition with a direction to the Bar Council of India to consider the cause espoused by the petitioner in light of the relevant legislative policies and statutes emanating from the constitutional principles of equality.”

The Court also clarified that the petitioner is free to approach the appropriate forum later if necessary.

During the hearing, Justice Surya Kant remarked that the petitioner should have approached the Court earlier, before the election process began.

“It’s not the Court’s domain to create reservation. We can only sensitise the stakeholders that keeping in mind constitutional principles and legislative intent, such measures should be considered. But for that, the matter must come before us on time,” Justice Kant said.

Despite dismissing the plea, the Bench appreciated the efforts of differently-abled advocates, noting with pride that many of them are now actively practicing law and fighting for the rights of others.

Earlier, the Supreme Court had directed the inclusion of women’s reservation in various Bar bodies, including the Supreme Court Bar Association and Delhi Bar Councils. Those orders came after consultations with Bar representatives, who were asked to submit their own proposals.

Justice Kant also referred to those past instances, stating:

“In our judicial services, nearly 60% of officers are women. They are there not because of reservation but on merit. Yet, when we consider preferential measures like chamber allocations, we must also think of specially-abled persons.”

The present case was titled Amit Kumar Yadav vs Bar Council of India & Anr., W.P.(C) No. 1045/2025.