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Supreme Court: Article 220 does not bar ex-HC judges from SBC co-option

The case concerns a dispute over the eligibility of former High Court judges and senior women advocates to be co-opted as women members of State Bar Councils, specifically addressing whether Article 220 of the Constitution bars former High Court judges from such co-option.

Petitioners: Swati Sinha & Ors.; Respondents: Union of India & Ors.; Bench: Chief Justice Surya Kant, Justice Joymalya Bagchi, Justice V. Mohana

  • The Court clarified that Article 220 does not bar former High Court judges from being co-opted into State Bar Councils.
  • Women advocates who lost SBC elections are eligible for co-option.
  • The term 'senior' refers to advocates with substantial practice experience, not just 'senior advocates'.
  • Co-option categories: (i) former women judges of the jurisdictional High Court, or (ii) senior women members of the Bar with fair standing.
  • For Tripura SBC (15 members), only one woman member will be co-opted.

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Order 2026-09-16
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Document details
Official titleArticle 220 Doesn't Bar Ex-HC Judges' Co-option As Bar Council Women Members: Supreme Court
Source bodySupreme Court of India — orders & judgments
Reference numberSWATI SINHA & ORS. v UNION OF INDIA & ORS in YOGAMAYA M.G. Vs UNION OF INDIA|MISCELLANEOUS APPLICATION NO. OF 2026 [DIARY NO(S).51143/
Statusclosed (order)
Year2026
Closing date
Documents1

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