Supreme Court clears ex-HC judges' co-option as Bar Council women members

The core issue was whether former High Court judges could be co-opted and how the term 'senior' should be interpreted for eligibility.

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

What the court decided

• The Court disposed of the Miscellaneous Applications seeking modification of the order dated 04.08.2026.
• The Court clarified that women advocates who contested SBC elections but were unsuccessful are eligible for nomination via co-option.
• The Court defined 'senior' as someone in practice for a substantially long period, suitable to elected SBC members, and shortlisted by the Chief Justice, rather than limited to designated 'senior advocates'.
• The Court held that Article 220 of the Constitution does not bar former High Court Judges from being co-opted into State Bar Councils, as they are not required to resume practice.
• The Court specified that for the Tripura State Bar Council, only one woman member would be co-opted due to its total membership of fifteen.

Also in the document

• The Court stated that this mechanism for women's representation is a court-created initiative pending appropriate legislation by Parliament or Executive Authorities.
• The Court noted that the initiative is a 'welcome step' towards equal representation in the legal profession.