The Supreme Court of India on Monday considered issues arising from its earlier directions mandating 30% representation for women in State Bar Councils, in the case of Siva Kumari v. Union of India.

Senior Advocate D S Naidu submitted that while the Court’s December 8, 2025 order aimed to empower women, certain aspects were being misapplied, particularly concerning the 10% co-option quota.

Addressing the issue, the Bench led by the Chief Justice of India noted that its earlier order under Article 142 had provided for 30% women’s representation, 20% through elections and 10% through co-option and had also constituted a High-Powered Election Supervisory Committee headed by Justice Sudhanshu Dhulia to oversee the process.

The Court observed that ambiguity regarding the mode and manner of exercising the 10% co-option had led to the present proceedings, especially in light of a Bar Council of India circular indicating that such co-option would be governed by its rules. It also took note of situations in States like Telangana and Andhra Pradesh, where several women candidates contested and secured votes higher than male candidates but could not be accommodated within the reserved framework.

During the hearing, multiple approaches to co-option were discussed, including selecting from among unsuccessful women candidates with the highest votes, leaving the decision to State Bar Councils, or entrusting it to State-level committees.

Considering that the Justice Dhulia-led committee is already seized of the election process and has engaged with stakeholders, the Court deemed it appropriate to refer the issue to the committee. It requested the panel to take a final call on the manner in which the 10% co-option is to be implemented, after consulting all stakeholders including petitioners, State Bar Councils, the Bar Council of India, and women candidates.

The Court emphasised that the committee should adopt a transparent and objective approach while clarifying the process of co-option.