“Indian Judiciary is not only guardian of the Constitution but also Active Participants in the Social Revolution.” – J.L. Nehru. Greater women representation in the judiciary is essential for this vision.
Desirability of Greater Representation
Constitutional Imperative – Fulfils Articles 14, 15(3), and 39A, ensuring equal opportunity and access to justice for all.
Corrects Historical Imbalance- Addresses structural and institutional barriers in legal and judicial careers.
Diversity of Perspective – Women judges bring unique social insights, empathy, and lived experiences, enriching judicial reasoning and deliberation.
Gender-Sensitive Adjudication – Enhances sensitivity in matters of sexual violence, family law, and gender rights. Eg- Justice Indu Malhotra’s dissent in Sabarimala (2018).
Enhances Legitimacy and Public Trust – A judiciary reflective of society’s diversity strengthens citizen confidence in judicial impartiality.
Democratization of Judiciary – Promotes inclusive representation across gender, class, and region, aligning with democratic ideals.
Global Democratic Benchmark – Countries like Canada and the UK have achieved near gender parity, improving judicial balance and inclusivity.
Role-Model Effect – Inspires women in the legal profession, helping address underrepresentation in senior judicial positions.
“There is no better test of the excellence of government than the working of its judicial system.” – Lord Bryce. The true measure of that excellence lies in Gender Equality in Judiciary.