AAWI has unanimously amended its Constitution and Rules to reserve the president’s post for a woman every third term, beginning with the next election.
The reform also expands women’s representation across the association, with reserved positions for secretary, joint secretary, vice-president and the Executive Council.
A woman contesting the reserved presidency must have at least 20 years of legal practice, with the forthcoming election set to produce AAWI’s first woman president.
The Advocates' Association of Western India (AAWI), one of India's oldest bar associations, is set to get its first woman president after 162 years after members unanimously amended its Constitution and Rules to reserve the top post for women lawyers. The reservation will take effect from the association's next election and will apply once every three terms, as per Bar and Bench.
The decision was taken at a Special General Body Meeting on August 21, following recommendations of a Constitutional Amendment Committee constituted earlier this month.
From 1864 To A Historic First: Why AAWI's Presidency Matters
The Advocates' Association of Western India was originally established as an association representing the ‘Vakils’. The Bombay High Court, among the country's oldest High Courts, commenced functioning on August 14, 1862. Nearly two years later, in January 1864, vakils practising on the Appellate Side came together to establish their own association, as per Times of India.
Those who founded the association were prominent figures Dhirajlal Mathuradas, Shantaram Narayen, Raosaheb Vishwanath Mandlik, Nanabhai Haridas, Pandurang Balibhadra and Ganpatrao Bhaskar. At the time, European legal practitioners exclusively dominated the High Court's Original Side, while the Appellate Side Bar consisted entirely of Indian lawyers.
As the Indian legal community at the High Court gradually developed its own distinct identity, a number of eminent Indian lawyers rose to prominence. Over the decades, the association also contributed several distinguished lawyers and judges to the High Court.
Association president advocate Rajiv Chavan said that the association had also produced several prominent women lawyers and judges, although this was less widely known. They include Justice Ranjana Desai, who was a Supreme Court judge, as well as Bombay High Court judges Justices V K Tahilaramai and Revati Dere-Mohite, and advocate Freny Ponda, as per Times of India.
Chavan also said that Sundar Navalkar, the association's oldest woman member at 91, continued to practise, although she was no longer active in court.
Former President Pranab Mukherjee on February 8, 2014, inaugurated the 150th Anniversary of the Advocates’ Association of Western India.
Speaking on the occasion, the President said that lawyers have a duty to ensure that none is denied justice and they should act as the common man’s soldiers who fight for the rights of citizens.
In addition, they have to continuously strive to uphold the supremacy of the constitution. This can only be achieved if the judiciary remains transparent, impartial and speedily dispenses justice.
What Has AAWI Changed In Its Constitution And Rules?
AAWI has amended its Rules and Constitution to reserve the president's post for a woman member once every three terms, beginning with the next election. In practice, this means two presidential terms will have no gender reservation, followed by a third term reserved for a woman, according to Bar and Bench.
The reform does not stop at the presidency. During the first of the two presidential terms in which the president's post is not reserved, the secretary's position will be reserved for a woman. The amendment also creates a new joint secretary post, which will be reserved for a woman member with at least ten years of legal practice.
AAWI is building on its earlier gender-representation reforms. In 2018, it had reserved one vice-president position and two Executive Council seats for women. The latest amendment retains the vice-president reservation while expanding representation at the council level.
The Executive Council will also expand from eight to nine regular members. Four of the nine positions will be reserved for women: two of the five seats requiring at least seven years of practice and two of the four seats requiring at least four years of practice. Women advocates will therefore account for slightly more than one-third of the council.
Who Could Become AAWI's First Woman President?
The amended rules stipulate that the woman elected as AAWI president must have at least 20 years of legal practice. The president's post will be reserved for a woman every third term, following two terms without reservation. This means the forthcoming election will mark the first opportunity for a woman advocate meeting the eligibility requirement to occupy the association's top elected position, as per Bar and Bench.
The amendment also introduces or retains gender-based reservations for other key positions. The secretary's post will be reserved for a woman during the first term of each two-term non-reserved presidential cycle, while a newly created joint secretary post will also be reserved for a woman. Both positions require a minimum of 10 years of legal practice. One of the two vice-president posts will continue to be reserved for a woman, with candidates required to have at least 15 years of practice.
For the Executive Council, four seats will be reserved for women. Two of those seats will require at least seven years of legal practice, while the other two will require at least four years.
AAWI President Prashant Relekar called it a historic decision.“The Supreme Court mandated 30% reservation for women in Bar associations. So we took up the task, and became the first association to pass this resolution. Also, for the first time in the history of the country, a female will be leading a Bar association!” he said.
The resolution came after a Constitutional Committee, formed on August 9, recommended measures aimed at increasing women’s representation in the association’s executive leadership.
