Institute of Legal and Management Studies

The Supreme Court today refused to issue a direction to the Bar Council of India and Bar Council of Uttar Pradesh to reserve posts in Bar bodies for specially-abled advocates.

A bench of Justices Surya Kant, Ujjal Bhuyan and Joymalya Bagchi passed the order in an advocate's PIL seeking inter-alia a direction to BCI and Bar Council of UP to reserve some positions in the Bar Council and Bar Associations for persons with disabilities, who are practicing as advocates.

The Court expressed difficulty in issuing any such direction, noting that elections for UP Bar Council have already been notified (though nominations are yet to be filed). Considering it to be a "policy matter", it disposed of the petition, directing BCI to consider the cause espoused by the petitioner.

"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 left it open for all stakeholders to take an appropriate decision. It also clarified that the petitioner is not precluded from approaching an appropriate forum at a later stage.

During the hearing, Justice Kant expressed that if the petitioner had approached the Court earlier, it could have called the respondents and persuaded them. "It's not the Court's domain to create reservation. We can only sensitize sometimes the concerned stakeholders that keeping in mind constitutional principles, statutory policy, legislative intent, you create some kind of reservation. But for that, you should have come on time", the judge said.

At the same time, Justice Kant expressed that the Court feels proud that many specially-abled persons are now appearing as advocates in courts and fighting for rights of others.

It may be recalled that earlier, the Supreme Court directed reservation for women lawyers in Supreme Court Bar Association, Delhi Bar bodies, and other Bar Councils/Associations across the country. The order in case of Delhi Bar bodies was passed after holding substantial discussions with Delhi Bar representatives, who were impressed upon to give proposals of their own. The Court also dealt with a matter where reservation for women in chamber allotments was sought. In this case, a bench led by Justice Kant issued notice, but expressed,

"In our judicial service, almost 60% of officers are women. They are there not because of any reservation...there is no preference for them. It is solely on merit. That's why I find it a little bit paradoxical why you ask for any privilege? If we think of giving a preferential allocation, for example in the matter of chambers, then we should also think of specially-abled persons..."

Case Title: AMIT KUMAR YADAV Versus BAR COUNCIL OF INDIA AND ANR., W.P.(C) No. 1045/2025

Click here to read order