04/02/2026
📍 Bar Council Of India
04.02.2026
Advocates play a vital role in the welfare of society by upholding constitutional values, ensuring access to justice, and voicing concerns of marginalized and underrepresented sections.
Advocates belonging to Scheduled Castes (SC) and Scheduled Tribes (ST) continue to face serious under-representation in the elected bodies of Bar Councils across the country. This includes the near complete absence or negligible presence of SC/ST advocates in institutions such as the Bar Council of Delhi and the Bar Council of India.
Being aggrieved by this systemic exclusion, and in furtherance of the principles of equality and social justice, a group of advocates approached the Hon’ble Supreme Court of India by filing a Public Interest Litigation bearing Writ Petition (Civil) No. 74/2026, titled “Ram Kumar Gautam & Ors. vs. Union of India & Ors.”. The matter was taken up for hearing on 27 January 2026. After considering the submissions, the Hon’ble Supreme Court was pleased to dispose of the writ petition while granting liberty to the petitioners to approach the competent authority for appropriate relief.
Adv. Ram Kumar Gautam R.k. Gautam, Adv. Dewan Singh, Adv. C. Prakash, Adv. Ramesh Kalsan, Adv. Shamsher Singh, Adv. Sanjeev Kumar, Adv. O.P. Bharti, and Adv. Megha Sehra, in pursuance of the liberty so granted, have filed a detailed representation before the Bar Council of India. The representation seeks due consideration of reservation and/or adequate representation of seats for SC/ST advocates in the State Bar Councils and the Bar Council of India, in accordance with constitutional principles and the prevailing statutory framework, with the objective of ensuring inclusivity and fair participation in the governance of the legal profession.
Through this representation, the petitioners seek due consideration of reservation and/or adequate representation of seats for SC/ST advocates in the State Bar Councils and the Bar Council of India, in accordance with the constitutional mandate and the prevailing statutory framework governing the legal profession. Moreover, the Legislature is constitutionally obligated to secure substantive equality for Scheduled Caste and Scheduled Tribe advocates by enacting appropriate laws ensuring their adequate representation in statutory bodies governing the legal profession.
The Constitution of India, through Articles 14, 15(4), 16(4), and 46, explicitly empowers and obligates the State to take affirmative measures to promote substantive equality and protect the educational, economic, and professional interests of Scheduled Castes and Scheduled Tribes.
Further, Articles 330 and 332 provide for reservation of seats for SC/ST communities in legislative bodies, while Articles 243D and 243T mandate reservation in Panchayats and Municipalities. Collectively, these provisions underscore the constitutional commitment to ensuring adequate representation of SC/ST communities in governance and decision-making institutions.
It is a matter of consideration that the constitutional philosophy of inclusive representation cannot be selectively applied and must extend to statutory bodies such as Bar Councils, which exercise significant regulatory and disciplinary control over the legal profession.
The Bar Council of India, as a statutory authority, has a constitutional and institutional duty to take proactive steps to address this historical under-representation. Where necessary, this duty includes initiating, recommending, or supporting appropriate legislative or regulatory measures to ensure fair and adequate representation of SC/ST advocates in Bar Council institutions.
Fair representation is not a matter of concession, but a constitutional obligation essential to preserving the democratic character, credibility, social accountability of the legal profession and democratic participation in the governance of the legal profession.
Jai Bhim Jai Bharat Jai Samvidhan 🇮🇳🇮🇳
Adv Megha Sehra
National Coordinator AICC-SC Department
I/c Legal & Advocacy
