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Introduction

Despite constitutional guarantees of equality, women remain starkly underrepresented in the judiciary. Currently, there is only one woman judge in the Supreme Court amongst 34 judges. High Courts have around 13% women judges, while the district judiciary fares slightly better at about 35%, revealing a sharp decline in representation at higher levels.

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Issues/Reasons behind low representation of women in the higher judiciary

• Historical underrepresentation: Since 1950, only 11 women have been appointed to the Supreme Court, constituting barely 3.8% of judges, reflecting entrenched gender imbalance.
  Eg: Justice B.V. Nagarathna is currently the only woman judge on a 34-member Bench.
• Bias in Collegium appointments: The Collegium prioritises seniority, region, and caste but has not institutionalised gender as a criterion, leaving women judges excluded.
• Late age of appointment: Women are often appointed at later stages of their careers, which shortens their tenure and reduces chances of reaching leadership roles.
  Eg: Justice Nagarathna will become CJI in September, 2027 for just 36 days.
• Exclusion from direct Bar elevations: Very few women from the practising Bar are elevated directly to the SC or HCs despite having many women Senior Advocates.
• Socio-cultural barriers: Gender stereotypes, family-care roles, and lack of mentorship opportunities restrict women’s legal careers and their visibility for top posts.
• Lack of diversity among women judges: No women from SC/ST backgrounds have ever reached the SC, and minority representation has been minimal.

Reforms needed to ensure gender inclusivity in the judiciary

• Institutionalise gender as a criterion in appointments: Make gender representation a mandatory consideration in Collegium resolutions, alongside region and caste.
• Transparency in Collegium process: Publish clear criteria for selection, with specific emphasis on diversity, to prevent opaque decision-making.
• Promote early and mid-career appointments: Ensure timely elevation of women to High Courts and SC to allow longer tenures, leadership roles, and Collegium membership.
• Encourage direct Bar elevations of women: Proactively elevate capable women lawyers from the Bar to higher judiciary, ensuring parity with male counterparts.
• Diversity quotas or benchmarks: Introduce statutory or policy-based minimum representation for women, SC/ST, and minority groups in higher judiciary.
• Mentorship and institutional support: Establish structured mentoring, training, and leadership programmes for women judges and lawyers to strengthen the pipeline.

Conclusion

To build a truly inclusive judiciary, reforms must focus on transparent and gender-sensitive appointments, mentorship for women in the bar and lower courts, and diversity as a criterion in the collegium. A gender-balanced judiciary is vital for legitimacy, empathy, and upholding the democratic promise of equal justice.

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