Bench: Justices Surya Kant, Ujjal Bhuyan and Joymalya Bagchi
Case No.: Writ Petition (Civil) No. 1045 of 2025
Case Title: Amit Kumar Yadav v. Bar Council of India & Anr.
Date of Order: November 3, 2025
Brief
The Supreme Court has urged the Bar Council of India (BCI) to examine the issue of providing reservation for advocates with disabilities in Bar Councils and Bar Associations, emphasizing that the matter raises vital questions of policy and equality under the Constitution.
The Bench, comprising Justices Surya Kant, Ujjal Bhuyan and Joymalya Bagchi, was hearing a writ petition filed by Amit Kumar Yadav, a practicing advocate known for espousing the cause of persons with disabilities. The petitioner sought directions to the Bar Council of India and the Bar Council of Uttar Pradesh to reserve certain positions in their governing bodies for advocates with disabilities.
It was noted during the hearing that elections for the Bar Council of Uttar Pradesh had already been notified, though nominations were yet to be filed. The Court, therefore, observed that it would be difficult at this stage to interfere with the ongoing electoral process or issue a positive mandamus directing such reservation.
However, while declining to intervene directly, the Court underscored the importance of inclusivity and representation in professional bodies. It stated that the issue deserved careful consideration within the framework of existing laws and the constitutional principles of equality.
“The reservation for persons with disability essentially being a policy matter, we dispose of this writ petition with a direction to the Bar Council of India to consider the cause espoused by the petitioner in light of the relevant legislative policies and statutes emanating from the constitutional principles of equality,”
— Order of the Supreme Court dated 3 November 2025.
The Court further clarified that all stakeholders are free to take an appropriate decision on the issue and that the petitioner is at liberty to approach the appropriate forum again, if necessary. All pending applications in the matter were also disposed of.
Significance and Perspective
This order, though brief, is an important development in the discourse around representation and inclusion of persons with disabilities in professional self-governing bodies. The Supreme Court’s direction places the onus on the Bar Council of India — the apex regulatory body of the legal profession — to introspect on the inclusivity of its governance structures.
At present, no Bar Council or Bar Association in India formally reserves seats for advocates with disabilities, despite statutory recognition of equality and non-discrimination under the Rights of Persons with Disabilities Act, 2016 and constitutional guarantees under Articles 14, 15, and 16. The petitioner’s plea, therefore, opens a larger debate on how persons with disabilities can have a voice in decision-making spaces within the legal profession itself.
While several states have begun reserving or nominating persons with disabilities to local self-government bodies, such as municipal or ward-level committees, and women have reserved seats in state legislatures and Parliament, there remains an absence of similar affirmative mechanisms for persons with disabilities in elected professional or representative bodies.
Bar Councils and Bar Associations perform critical regulatory and welfare functions — from enrolment and discipline to welfare schemes and representation before authorities. Inclusion of persons with disabilities in their governing structures would not only enhance diversity but also ensure that policies and welfare measures are attuned to the lived realities of disabled advocates.
This case, therefore, marks an important judicial nudge toward recognizing representation as an essential dimension of equality. Whether or not the Bar Council of India takes proactive steps will determine if this moment becomes a turning point in building a more inclusive legal fraternity in India.
Citation:
Amit Kumar Yadav v. Bar Council of India & Anr., W.P.(C) No. 1045 of 2025, Order dated 03.11.2025, Supreme Court of India.
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