Women Representation in Judiciary, Status, Significance

Recently, the Chief Justice of India, Justice Surya Kant, while speaking at the conference “Bridging the Bench Gap: Women and Judicial Leadership”, highlighted the need to increase women’s representation in the judiciary.

Status of Women Representation in Judiciary

Despite progress in women entering the legal profession, Women Representation in Judiciary remains extremely limited at higher levels.

• As highlighted by the India Justice Report 2025, women constitute only 14% of judges in the High Courts and a mere 3.1% in the Supreme Court. 
• Women account for nearly 38% of the overall strength of the lower judiciary.
• Since 1950, only 11 women judges have been appointed to the Supreme Court of India.
• Out of 287 total judges appointed since independence, women account for only about 3.8%.
• At present, B. V. Nagarathna remains the only woman judge in the Supreme Court, out of a sanctioned strength of 34 judge.
• Women judges were last appointed to the Supreme Court in 2021, when the collegium led by N. V. Ramana appointed three women judges simultaneously. Even then, women representation crossed 10% for the first time in the Supreme Court.

These numbers show that the pipeline of Women Representation in Judiciary becomes narrower as one moves upward in the judicial hierarchy.

Structural Problems in Women Representation in Judiciary

Despite increasing participation of women in the legal profession, Women Representation in Judiciary remains limited due to several structural and institutional barriers.

• Lack of Diversity in Appointments: Limited Women Representation in Judiciary is not only about numbers but also about diversity. Among the few women judges appointed to the Supreme Court of India, Fathima Beevi remains the only woman from a minority faith, and there has been no representation of women from Scheduled Castes or Scheduled Tribes, highlighting intersectional inequality in judicial appointments.
• Bar-to-Bench Disparity: Women Representation in Judiciary is also restricted due to the limited elevation of women advocates directly from the Bar. While several male judges have been appointed directly from legal practice, only Indu Malhotra has been directly elevated from the Bar to the Supreme Court, reflecting systemic barriers for women lawyers.
• Late Appointment of Women Judges: Women are often appointed to higher courts at a later stage in their careers, resulting in shorter tenures, limited opportunities to reach senior positions in the Court, and reduced chances of becoming Chief Justice of India. 
  • For example, B. V. Nagarathna is expected to become the first woman Chief Justice of India but will have a tenure of only about 36 days.
• Opaque Collegium System: The appointment process under the collegium system lacks transparency, as the criteria for selecting judges are not clearly defined, which raises concerns about fairness and accountability.
• Gender Not Institutionalised in Selection Criteria: Although factors such as regional, caste, and religious representation may sometimes be considered in judicial appointments, gender diversity is not formally recognised as a criterion, limiting Women Representation in Judiciary.
• Lack of Supportive Infrastructure: Nearly 20% of the district court complexes in 2023 lacked separate toilets for women, according to a report published by the Centre for Research and Planning of the Supreme Court.

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Significance of Women Representation in Judiciary

Women Representation in Judiciary is essential as it : 

• Strengthen Democratic Legitimacy: Greater Women Representation in Judiciary makes courts more reflective of society’s diversity, enhancing the legitimacy and credibility of institutions like the Supreme Court of India.
• Ensure Substantive Gender Justice: Women judges often bring gender-sensitive perspectives while interpreting laws related to domestic violence, sexual harassment and reproductive rights, leading to more inclusive justice.
• Diverse Judicial Reasoning: Increased Women Representation in Judiciary introduces diverse life experiences and perspectives, improving the quality of judicial deliberation and decision-making.
• Strengthen Public Trust in Courts: A gender-balanced bench increases confidence among citizens, especially women, that the justice system understands and addresses their concerns.
• Role Model Effect: Women judges inspire more women to pursue careers in law and litigation, helping expand the pipeline for Women Representation in Judiciary.
• Promote Equality in Public Institutions: Higher participation of women in the judiciary reinforces constitutional values of equality, inclusiveness and non-discrimination.
• Address Structural Gender Bias: Greater Women Representation in Judiciary helps challenge patriarchal norms within legal institutions and promotes gender-sensitive institutional culture.
• Improve Access to Justice for Women: Women litigants may feel more comfortable approaching courts when they see representation of women on the Bench.
• Transformative Constitutionalism: Supports the constitutional vision of equality, dignity and justice.

Ways to Improve Women Representation in Judiciary

Suggestions by the Chief Justice of India

The Chief Justice of India Surya Kant has suggested several measures to improve Women Representation in Judiciary.

• Expanding the Talent Pipeline: Efforts should focus on increasing the number of women in litigation and legal practice so that more women become eligible for judicial appointments.
• Active Role of High Court Collegiums: High Court collegiums should proactively identify capable women lawyers and judges for elevation.
• Widening the Zone of Consideration: If suitable candidates are not available within a particular age bracket, collegiums should consider women advocates practising in the Supreme Court who belong to that state.
• Institutional Measures in Legal Bodies: Steps such as reserving 30% seats for women in State Bar Councils can strengthen the pipeline of women lawyers.
• Institutional Imagination: The CJI emphasised that institutional intent must be accompanied by institutional imagination to address gender imbalance.

Other Suggestions 

• Creation of All India Judicial Service (AIJS): The President of India, Droupadi Murmu, has suggested establishing an All India Judicial Service to recruit judges through a merit-based, competitive and transparent national examination, which can expand the talent pool and provide greater opportunities to underrepresented groups, thereby improving Women Representation in Judiciary.
• Transparent and Inclusive Appointment Process: Reforming the collegium system to ensure greater transparency and diversity considerations can help address structural barriers in judicial appointments.
• Strengthening Representation in Legal Institutions: Reserving seats for women in Bar Councils and legal associations can enhance women’s participation in decision-making bodies of the legal profession.
• Workplace Support for Women Lawyers: Providing institutional support such as maternity benefits, childcare facilities and safe workplace environments will help retain women in litigation.