GS2 – Polity & Governance
Context
- The Supreme Court Bar Association (SCBA) passed a resolution expressing concern over the disproportionately low representation of women judges in the Supreme Court and High Courts.
- The move came after the appointment of Justices Alok Aradhe and Vipul M. Pancholi as Supreme Court judges, with no women included in the latest elevation.
Current Situation
- Supreme Court: The last appointment of women judges took place in 2021. Currently, Justice B.V. Nagarathna is the lone woman judge in the top court.
- High Courts:
- Sanctioned strength: ~1,100 judges
- Sitting judges: ~770 (approx.)
- Women judges: only 103
- Several High Courts (Uttarakhand, Tripura, Meghalaya, Manipur) have no women judges.
Concerns Raised
- Seniority & Merit Overlooked
- Justice Vipul Pancholi (ranked 57 in seniority among HC judges) was elevated, allegedly bypassing three senior women High Court judges.
- Raised questions of transparency and inclusivity in collegium decisions.
- Gender Justice
- The lack of women representation undermines the principle of substantive equality under Article 14 and 15.
- Public Confidence
- Judicial diversity is essential for impartiality and inclusiveness.
- A skewed gender ratio risks eroding public trust in judiciary’s commitment to equality.
Reasons for Low Representation
- Pipeline problem: Lower entry of women in legal profession, fewer reaching senior advocate status.
- Collegium system: Opaque selection, often reinforcing male-dominated networks.
- Social barriers: Gender stereotypes, work-life balance, and lack of institutional support for women lawyers.
- Limited outreach: Few women nominated from the Bar (direct appointments).
Significance of Women in Judiciary
- Improves diversity & inclusiveness in decision-making.
- Better representation of women’s perspectives in cases involving gender rights, family law, sexual harassment, etc.
- Symbolic value: Encourages more women to join the legal profession.
- Checks unconscious bias in judgments and strengthens justice delivery.
Steps Suggested / Way Forward
- Proportional Representation – SCBA urged quotas or targets for women judges in SC & HCs.
- Transparent Collegium Process – Greater disclosure of criteria for selection.
- Encouraging Women in Bar – Mentorship, reservations in designations (Senior Advocates), maternity benefits.
- Judicial Diversity Commission – As suggested by experts, to recommend and monitor appointments.
- Policy Push – Special efforts to ensure no High Court remains without women judges.