INTRODUCTION
In a judgment the court has given the direction for the reservation for the post of the women lawyer in the bar association of the National Green Tribunal(NGT) and Bar Association of Delhi. It also clarified that for a lawyer to vote in the NGT bar association it is not mandatory to register themselves with the bar council of Delhi. And also addressed the issues of the lawyers who are practicing in the multiple states Tribunal.
BACKGROUND
The issue arose with respect to the previous direction in the DK Sharma Case where the court issued the direction relating to voting of executive committee of bar association in Delhi High Court and district court for reserving the post of women lawyers. But the issue arose regarding the eligibility criteria for voting in NGT one must have to register themselves with the bar council of Delhi , due to which the other lawyers which are registered in other state bar councils were unfairly excluded . Because the NGT principal bench in delhi serves five states – Haryana, Himachal Pradesh, Punjab ,Uttrakhand , and Uttar Pradesh
KEY POINTS
- Status of Reservation to Women : The Supreme Court has clarified that the post reserved for the women lawyers in the bar association will apply Mutatis Mutendis to the NGT bar association. And the post for Treasurer and Executive shall be earmarked for the women candidates.
- Eligibility criteria for the Non Delhi Lawyers : It is not mandatory for the Non Delhi enrolled lawyers to enroll to the Delhi bar association for voting into the NGT bar association.
RECENT DEVELOPMENTS
The Bench comprising Justice Surya Kant and N Kotiswer Singh highlighted the concerns relating to Registration of the Advocates to the Delhi Bar Association and stated the insistence of the delhi bar association and stated that NGT bar association comprises the lawyers from cross countries . And also directed the methods for the fair election of the participants and declaration relating to it .
CONCLUSION
This Judgement has strengthened gender equality in the legal profession and also highlights the principle of fair representation, by allowing the voters from across India to vote in the NGT bar association election without mandating Delhi Bar Council registration.The court has created a more equitable and inclusive process . This judgement has also reaffirmed the role of judiciary in fostering diversity and addressing systemic barriers within bar association
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WRITTEN BY: PRINCE KUMAR