Low Representation of Women in Higher Judiciary

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

1. 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.
2. Gender Justice
   • The lack of women representation undermines the principle of substantive equality under Article 14 and 15.
3. 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

1. Proportional Representation – SCBA urged quotas or targets for women judges in SC & HCs.
2. Transparent Collegium Process – Greater disclosure of criteria for selection.
3. Encouraging Women in Bar – Mentorship, reservations in designations (Senior Advocates), maternity benefits.
4. Judicial Diversity Commission – As suggested by experts, to recommend and monitor appointments.
5. Policy Push – Special efforts to ensure no High Court remains without women judges.