Two Women at Every Table

The Supreme Court looked at the bodies that govern India's lawyers and called them "men's clubs." Then it did something about it.

Institutions rarely hear themselves described bluntly by the country's highest court. On 4 August, the bodies that regulate India's legal profession did. Hearing a batch of petitions concerning elections to the Bar Council of India and the state bar councils, a Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana observed that bar councils "have become men's clubs," adding that the monopoly over their functioning "has to be completely dismantled."

What the Court Actually Ordered

The observation came with a direction, which is what separates it from the many judicial remarks about representation that change nothing. The Court directed the Chief Justices of the jurisdictional High Courts to nominate two co-opted women members to every state bar council: one a former judge of that High Court, the other a senior woman advocate of standing at the Bar. Both must be independent of the council's election process, so that they function as neutral members rather than participants in its politics. The Court clarified that a woman who contested a bar council election unsuccessfully is not disqualified from co-option.

The direction operationalises a framework already on the books: thirty percent representation for women in state bar councils, of which twenty percent comes through direct election and ten percent through co-option. The gap has been between the framework and the practice, which is precisely where representation reforms usually go to die. Handing the nomination power to High Court Chief Justices, rather than leaving co-option to the councils themselves, is the Court's answer to that gap. The related question of how transferable votes are counted for women candidates in council elections was sent to the High-Powered Supervisory Committee headed by former Supreme Court judge Justice Sudhanshu Dhulia, which will invite suggestions from the Bar before reworking the methodology.

Why Composition Is Not a Side Issue

It is tempting to file this under symbolism. It is not. Bar councils decide who enters the profession, who faces disciplinary action, and how professional standards are written and enforced. This magazine's own pages this year have covered a plea seeking thirty percent reservation for women lawyers in government legal panels, the first all-women bench sittings at the Karnataka High Court's Dharwad wing, and now this. The common thread is that legal outcomes are shaped not only by what the law says but by who sits in the rooms where it is administered. A regulatory body with no meaningful presence of women writes and enforces standards for a profession in which women's participation keeps rising. That mismatch has costs, in whose complaints are taken seriously, in what conduct is normalised, and in who imagines a future for herself inside the institution.

A Month of Hard Lessons From the Courts

The same fortnight delivered two verdicts that every woman weighing a complaint will have noticed, and they point in opposite directions. On 3 August, a Delhi court acquitted former Wrestling Federation of India chief Brij Bhushan Sharan Singh in the case brought by six women wrestlers, holding the charges not proved beyond reasonable doubt. Three days later, the Bombay High Court overturned the 2021 acquittal of former editor Tarun Tejpal and convicted him, thirteen years after the incident, largely on the strength of the electronic record, including his own contemporaneous apology emails and CCTV-established timelines.

Read together, honestly, the lessons are these. The criminal standard of proof is high, and an acquittal under it is not a finding that a complainant lied; it is a finding that the prosecution did not carry its burden. Appellate review is real and moves in both directions, an acquittal can become a conviction, which is exactly what appellate courts exist for. And the evidence that decided the Tejpal appeal was the kind this magazine writes about constantly: records created at the time, emails, footage, timelines, preserved and produced. Thirteen years is an indefensible length for any complainant to wait, and that delay is itself a form of systemic failure. But the case also showed that a contemporaneous record can outlast a first verdict.

Reports during the same period also noted the release of an updated Supreme Court handbook aimed at removing gender stereotypes from judicial language and reasoning, a quieter companion to the month's louder interventions: how judgments are written shapes how complainants are seen.

The Measure That Matters

Two co-opted members per council is a modest number. The direction's significance is less in the arithmetic than in the precedent: when an institution's composition defeats a representation mandate, the Court is now willing to reach in and fix the composition directly. Whether that willingness extends further, and whether the councils treat their new members as colleagues or as decoration, is what this page will be watching.