Supreme Court Examines Plea for Reservation for Disabled Lawyers in Bar Council Elections
The Supreme Court has issued notice to the Bar Council of India (BCI) and the Bar Council of Tamil Nadu on a petition filed by a disabled advocate seeking 4% reservation for persons with disabilities in elections to bar councils.
A Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi said the issue is not limited to one individual. It raises broader questions about inclusivity, equality, and the responsibility of professional bodies. The Court observed that institutions involved in governance must follow constitutional values and ensure fair representation.
Senior Advocate Indira Jaising appeared for the petitioner and submitted that if bar council elections are notified before the next hearing, the plea would lose its purpose. She pointed out that once elections are held, the absence of representation would continue for the next five years.
The Bar Council of India, represented by its Chairman and Senior Advocate Manan Kumar Mishra, opposed the plea. He argued that lawyers with disabilities form a very small percentage of the legal profession and reserving seats would open the door to similar demands. He also stated that there is no such reservation even in Parliament and that policy decisions on reservation should be taken by Parliament, not by the BCI.
Responding to this, the Chief Justice said that inclusive measures would strengthen the credibility and values of the Bar Council. Indira Jaising also relied on the Rights of Persons with Disabilities Act, stating that while women and transgender persons receive horizontal reservation, lawyers with disabilities are still excluded.
The Court highlighted the constitutional importance of the issue and expressed confidence that the BCI would consider steps to promote equality. It suggested possible solutions such as increasing seats, co-opting members with disabilities, or starting with a pilot project. It was also noted that the Bar Council of Tamil Nadu has not yet announced its election schedule.
The matter will be heard again on January 5.
