ON MARCH 20, ADVOCATE ON RECORD Pratik R. Bombarde wrote a letter to Justice L. Nageswara Rao (Retd.), Chairman of Committee for Electoral Reforms in the Supreme Court Bar Association, suggesting the introduction of reservation policy for lawyers from Scheduled Caste (‘SC’) and Scheduled Tribe (‘ST’) communities in the election for the SCBA Executive Committee. Bombarde specifically emphasised reservation in the top posts such as President, Vice President, and Secretary.
A similar demand was sought by the All India Backward Classes Advocates Foundation and the Karnataka SC/ST Backward Classes and Minorities Advocates Federation through a petition filed before the Supreme Court in February this year, demanding reservations for SC, STs and Other Backward Classes (‘OBCs’) in the governing council of the Advocates Association, Bengaluru (‘AAB’). However, Justice Surya Kant had noted that the petitioners’ demand was not backed by sufficient data.
Bombarde’s proposal draws attention to the unfortunate fact that, “no member from the Scheduled Castes and Scheduled Tribes has ever been elected to the aforementioned key posts in the history of the Supreme Court Bar Association.” The lack of representation of the SC and ST members in the SCBA’s top positions, notwithstanding their considerable presence in the legal profession, deprives them of the opportunity to voice their opinions in the decision making process. In order to bridge this gap, Bombarde writes, “the introduction of reserved posts within the SCBA executive committee is not just a step toward fairness but a necessary intervention to ensure that their voices are heard and their concerns addressed.”
Two pronged approach
To ensure the smooth execution of this reform, Bombarde has proposed a two-pronged approach. The first approach would provide the historically disadvantaged with a fair chance to occupy a seat in the leadership roles of the SCBA.
“It is suggested that key positions such as President, Vice President, Secretary, Joint Secretary, Treasurer, Joint-Treasurer, few seats in Senior Member Executive, and few seats in Member Executive posts be reserved for members of the SC/ST communities,” he writes. In case the first approach proves to be infeasible, he suggested another method of reserving the key posts for SC/ST communities on a rotational basis. This would ensure the regular presence of the historically disadvantaged.
Global precedents
The proposal looks at examples from around the world to show how diversity measures work well in legal groups. In the U.S. many state bar groups use diversity quotas and preferences in election of board members. This helps make sure leadership roles match the mix of people in the legal world. In South Africa, after the end of apartheid, the Legal Practice Council (LPC) aimed to have fair numbers of people from groups that faced unfair treatment in the past. They focus on black South Africans and other marginalized communities in legal leadership roles. In the U.K., the Law Society of England and Wales pushes for more people from groups that do not often get a chance. This includes ethnic minorities and women. They do this through new policies and changes to how things work. These practices worldwide have helped create legal systems that include more people and are more fair.
Importance of Fair Representation
The proposal stresses that putting SC/ST members in charge at the SCBA would tackle major issues faced by marginalised communities. A lot of SC/ST lawyers can not afford to pay for memberships and other work costs necessary for bar association, which limits their chances to lead. There is also a need to give them better access to work resources, like chamber allotments. By setting aside leadership spots, the SCBA would not make everyone feel more welcome but also help fix these built-in disadvantages. An SC/ST leader in the executive committee could advocate for policy changes, including membership fee relaxations and preferential chamber allotments, to create a more just environment.
The proposal would rectify historical disadvantages, enhance the SCBA’s credibility, and ensure that all voices in the legal profession are heard and respected.
