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Closing the Gender Gap in India's Higher Judiciary

 

Closing the Gender Gap in India's Higher Judiciary

Introduction

Women’s representation in India’s judiciary has evolved significantly since Cornelia Sorabji became the first woman lawyer in 1924. However, despite increasing participation in the legal profession, gender disparity persists in the Supreme Court and High Courts. The underrepresentation of women in the higher judiciary highlights systemic barriers, biases, and procedural opacity. Addressing these challenges is crucial to ensuring a diverse, inclusive, and equitable judiciary.

Current Status of Women in the Higher Judiciary

1. Representation in High Courts

  • Women constitute only 14.27% of High Court judges (109 out of 764).

  • Several High Courts, including Uttarakhand, Meghalaya, and Tripura, have no women judges.

  • Allahabad High Court, the largest in India, has just 3 women judges out of 79 (approximately 2%).

2. Representation in the Supreme Court

  • The Supreme Court currently has only two women judges: Justice B.V. Nagarathna and Justice Bela Trivedi.

  • With Justice Bela Trivedi retiring in June 2025, the Supreme Court will have just one woman judge.

3. Age Disparity in Appointments

  • Women judges are appointed at an average age of 53 years, while men are appointed at 51.8 years.

  • This reduces their prospects of reaching senior positions such as Chief Justice of India (CJI).

4. Lack of Women in Leadership Roles

  • Out of 25 High Courts, only the Gujarat High Court has a woman Chief Justice.

  • No woman has ever served as the Chief Justice of India (CJI).

Challenges Contributing to Gender Imbalance

1. Systemic Inequality

  • Women lawyers face greater scrutiny in judicial appointments compared to men.

  • Women must constantly prove their merit, while men’s competence is often assumed.

2. Opaque Collegium System

  • The collegium lacks transparency in judicial appointments and recommendations.

  • The absence of structured criteria disproportionately affects women candidates.

3. Gender Bias in Recommendations

  • Since 2020, nine women recommended for High Court judgeships were not confirmed by the government.

  • Five of them were the only rejected names in their respective recommendation lists.

4. Limited Elevation from the Bar

  • In 75 years, only one woman has been elevated directly from the Bar to the Supreme Court.

  • In contrast, nine men have been elevated through this route.

5. Institutional Barriers

  • Fewer networking opportunities, lack of mentorship, and exclusion from leadership roles prevent women from advancing in the judiciary.

  • Discriminatory work culture and social biases further reinforce gender disparity.

Why Greater Women’s Representation Matters

1. Strengthens Judicial Legitimacy

  • A gender-diverse judiciary enhances public trust and reinforces the idea of impartial justice.

2. Improves Decision-Making

  • Diversity brings varied perspectives, leading to balanced and inclusive judgments.

3. Encourages Gender-Sensitive Jurisprudence

  • Women judges contribute significantly to cases involving women’s rights, family law, and sexual violence.

  • Their presence leads to a more empathetic and nuanced approach to justice delivery.

4. Enhances Access to Justice

  • Increased women’s representation helps encourage more women to seek legal recourse, improving legal accessibility.

5. Promotes Gender Equality in Governance

  • A gender-balanced judiciary reflects constitutional values of equality and inclusiveness.

Way Forward for Gender Parity in the Judiciary

1. Transparent Collegium Process

  • The collegium must establish structured eligibility criteria for judicial appointments.

  • A formal application process should allow women lawyers to express their interest in judgeships.

2. Mandatory Gender Representation

  • A policy ensuring that at least one-third of judges in High Courts and the Supreme Court are women should be institutionalized.

3. Merit-Based Selection with Diversity

  • Judicial appointments must consider both merit and gender inclusivity, ensuring excellence and fairness.

4. Mentorship and Leadership Support

  • Dedicated mentorship programs should train women lawyers for leadership roles in the judiciary.

  • Networking platforms should facilitate women’s professional growth.

5. Review of Rejected Recommendations

  • The government must adopt a policy requiring clear explanations when rejecting collegium recommendations, especially for women candidates.

Conclusion

Closing the gender gap in the higher judiciary is critical to upholding the constitutional principles of equality, inclusiveness, and justice. As Justice Indira Banerjee rightly emphasized, women’s appointments should become normalized rather than exceptional. By ensuring transparent, merit-driven, and gender-conscious appointment processes, India’s higher judiciary can truly reflect the diverse society it serves.

MCQs for UPSC CSE

1. What percentage of judges in India’s High Courts are women?

A) 10.5%
B) 14.27%
C) 20.3%
D) 25.6%
Answer: B) 14.27%

2. Which of the following High Courts has a woman Chief Justice as of 2025?

A) Delhi High Court
B) Allahabad High Court
C) Gujarat High Court
D) Bombay High Court
Answer: C) Gujarat High Court

3. What is a key challenge women face in judicial appointments?

A) Lack of legal education
B) Limited exposure to corporate law
C) Opaque collegium system and systemic bias
D) Shorter work experience compared to male counterparts
Answer: C) Opaque collegium system and systemic bias

4. Why is increasing women’s representation in the judiciary important?

A) It promotes judicial activism
B) It ensures greater gender-sensitive jurisprudence
C) It increases litigation cases
D) It strengthens legal technicalities
Answer: B) It ensures greater gender-sensitive jurisprudence

5. What is a suggested measure to improve gender diversity in the higher judiciary?

A) Completely removing the collegium system
B) Implementing mandatory one-third women representation
C) Reducing the number of judges
D) Increasing retirement age for men only
Answer: B) Implementing mandatory one-third women representation

Mains Question for UPSC CSE

Discuss the need for greater representation of women in the higher judiciary to ensure diversity, equity, and inclusiveness. Suggest reforms to address gender disparity in judicial appointments.

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