Women in Judiciary - Progress, Challenges, and the Path Ahead

Context:

• Women in law have made significant progress in India over the last century. Cornelia Sorabji became the first woman lawyer in 1924.
• The number of women lawyers and judges has increased, but representation in higher judiciary remains low.

Challenges in Higher Judiciary

• Glass ceiling in High Courts (HCs)
  • Women constitute only 14.27% (109 out of 764) of High Court judges.
  • Eight High Courts have just one-woman judge, while Uttarakhand, Meghalaya, and Tripura have none.
  • Allahabad High Court, the largest High Court, has only three women judges (2%).
  • Women judges are appointed at an older age (average 53 years for women vs. 51.8 years for men), reducing their chances of reaching senior positions.
  • Only the Gujarat High Court has a woman Chief Justice.
• Underrepresentation in the Supreme Court (SC)
  • Currently, there are only two women judges (Justice B.V. Nagarathna and Justice Bela Trivedi) in the Supreme Court.
  • Justice Bela Trivedi’s retirement in June 2025 will leave only one-woman judge.
  • No woman has been appointed to the Supreme Court since 2021, while 28 men have been appointed
  • Only one woman has been directly elevated from the Bar to the Supreme Court, compared to nine men.
• Barriers to women’s appointment
  • Common justifications: Lack of eligible women candidates, lack of seniority, or women’s unwillingness.
  • Systemic gender bias and deep-rooted inequality restrict women’s opportunities.
  • Women face higher scrutiny than men in judicial appointments.
  • The collegium system is opaque, lacks clear criteria, and is male-dominated.
  • Government reluctance: Since 2020, nine women recommended for High Courts were not confirmed; five were rejected outright.

Need for Gender Equality in Judiciary

• A gender-balanced judiciary enhances legitimacy, inclusivity, and public confidence.
• Women’s representation ensures courts reflect the diversity of society and deliver more balanced judgments.

Steps Towards Equality

• Reforming the collegium system: Introducing transparent selection processes and clear merit-based criteria. Creating a structured process for lawyers to apply for judgeship.
• Prioritizing gender diversity:
  • Ensuring at least one-third, if not half, of the higher judiciary comprises women.
  • Gender diversity should be considered alongside state, caste, and religious representation.
  • Appointing a diverse and independent judiciary to uphold constitutionalism and rule of law.
• Normalizing women’s representation
  • Gender balance should be a stated judicial objective in appointments.
  • Women judges should be appointed in sufficient numbers so their presence is normalized, not seen as exceptional.
  • As Justice Indira Banerjee stated, women’s appointments should not require special attention—they should be a regular occurrence.

Conclusion

• As India celebrates 75 years of the Supreme Court, a transformative shift towards gender equality in the judiciary is necessary.
• A transparent, inclusive, and merit-driven judicial appointment system is key to ensuring gender-balanced constitutional courts.

Q1. Discuss the progress of women in the Indian judiciary over the past century.

Ans. Women have made significant progress since Cornelia Sorabji became the first woman lawyer in 1924, but their representation in higher judiciary remains disproportionately low.

Q2. What are the key challenges faced by women in the higher judiciary in India?

Ans. Challenges include a low percentage of women judges in High Courts (14.27%), delayed appointments, systemic gender bias, lack of transparency in the collegium system, etc.

Q3. How does the collegium system impact women’s representation in the higher judiciary?

Ans. The opaque and male-dominated collegium system lacks clear eligibility criteria, often excluding meritorious women.

Q4. Why is gender diversity important in the Indian judiciary?

Ans. A gender-diverse judiciary enhances inclusivity, legitimacy, and public confidence, ensuring that courts reflect societal diversity and deliver balanced judgments.

Q5. Suggest reforms to improve women’s representation in the higher judiciary.

Ans. Reforms should include a transparent selection process in the collegium system, gender diversity as a selection criterion, structured application mechanisms, etc. 

Source:TH