New Delhi, Jan 23 : The Supreme Court on Thursday refused to direct the introduction of reservation for Scheduled Caste and Scheduled Tribe advocates in the elections of State Bar Councils and the Bar Council of India, observing that such a provision can only be brought through a statutory amendment to the Advocates Act, 1961.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi held that there was no dispute that reservation for SC/ST advocates requires an explicit provision in the parent statute, as per news agency Kashmir News Corner — KNC.
The Court noted that both the Telangana State Bar Council and the Bar Council of India have already taken up the matter with the competent authorities and that the issue is presently under consideration, making it inappropriate for the Court to issue a writ of mandamus in the absence of legislative support.
The observations were made while hearing a writ petition filed by the Universal Dr. Ambedkar Advocates Association, which had sought a declaration that the provision of “proportional representation” under Section 3(2)(b) of the Advocates Act should be interpreted to include representation of SC/ST and other marginalised communities in Bar Councils. In the alternative, the petitioner had sought interim reservation until suitable legislation is enacted.
Dismissing the plea, the bench reiterated that unlike steps taken for women advocates and persons with disabilities through policy decisions or directions, reservation for SC/ST advocates involves broader considerations and must be addressed by Parliament through a formal amendment. However, the Court left the issue open, granting liberty to the petitioner to approach the appropriate authorities or seek legal remedies in the future if no legislative action is taken. (KNC)
