- A two judge Bench consisting of Justice L. Nageshwar Rao and Justice Abhay S. Oka dismissed a writ petition filed under Article 32 of the Constitution, in the case of Puja Gupta and Anr v The Bar Council of India and Anr.
- The Writ was filed challenging the election notification dated 14 Jan 2022 issued by the Respondent regarding the election of office bearers on 6 February and sought 30% reservation for women advocates in the Bar Council of India (BCI). The petition also alleged that the BCI has arbitrarily enhanced the tenure of the officers through the impugned notification which is violation of Articles 14, 19(1)(g) and Article 21 of the constitution.
- The Court, however, stated that the Petitioners are at a liberty to approach the BCI regarding the same.
- The petitioners argued that holding elections of the officebearers in the month January or February, the tenure for which began in April was adopted without any specific rule in this regard.
- In the petition filed, directions were sought from the Court to abolish the BCI Trust for Promotion of Education (Legal & Professional) and Reforms in Law and For Improvement of Research and Social Training (BCI Trust PEARL-FIRST)
- The Petition also raised concerns regarding the minimal representation of women advocates/ lawyers in the BCI and expressed concerns the absence of specific welfare schemes for women advocates/ lawyers wither by the BCI of State BCI.
- Further, the petition raised objection for establishment of the India International Law University at Goa and Indian Institute of Law at Bhubaneswar and conducting national moot court competition through the BCI Trust. It was contended that the establishment of the new Law schools and conducting the events should be undertaken by the BCI itself and not through the Trust.
- The reason for the above contention was owing to the fact that the advocates have not derived any benefits and even the BCI has not derived any pecuniary benefit out of the establishment of National Law University of India University, which was established through the erstwhile Trust of the BCI.
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