Context
- Persistent gender disparity in the Indian judiciary, especially in higher courts.
- Women remain underrepresented in the High Courts and Supreme Court.
- Recent discussions highlight the need for judicial reforms and gender inclusivity.
Key Highlights and Data
- Women judges in High Courts: 14 percent (India Justice Report 2025).
- Women judges in Supreme Court: 1 out of 34; expected to become first woman CJI in 2027.
- Women in lower judiciary: 38 percent due to competitive recruitment exams.
- President Droupadi Murmu advocated for All India Judicial Service (AIJS) in 2023 for transparent judicial appointments.
Reasons for Gender Disparity
- Opaque Collegium System limits diversity in judicial appointments.
- Lack of gender-friendly infrastructure, such as separate washrooms in district courts.
- Low representation as senior advocates restricts elevation to higher judiciary.
- Social barriers and family responsibilities discourage women from litigation careers.
- Glass ceiling effect within legal profession.
Proposed Reforms
- Establish All India Judicial Service (AIJS) for merit-based and inclusive appointments.
- Conduct national judicial recruitment exam under Article 312.
- Improve infrastructure in courts to support women judges and lawyers.
- Set diversity targets in judicial appointments.
- Introduce mentorship programs and reservation or outreach for women in higher judiciary.
Constitutional and Legal Provisions
- Article 14 – Equality before law.
- Article 15 – Prohibition of discrimination on the basis of sex.
- Article 39A – Equal justice and free legal aid.
- Article 312 – Provision for creating All India Judicial Service.
Challenges to Reform
- Opposition to AIJS by High Courts and State Governments.
- Fear of executive interference in judicial appointments.
- Lack of uniform selection criteria and service rules.
- Balancing merit vs representation remains a challenge.
Why Gender Diversity Matters in Judiciary
- Builds public trust and legitimacy in the justice system.
- Leads to gender-sensitive judgments, especially in cases involving women.
- Enhances judicial quality with balanced perspectives.
- Promotes constitutional morality and inclusiveness.
Possible Mains Question
Despite progress in the lower judiciary, women remain underrepresented in India’s higher judiciary. Discuss the causes and suggest reforms to promote gender equity in the judicial system.