PYQ Relevance[UPSC 2021] Disucss the desirability of greater representation to women in higher judiciary to ensure equity and inclusiveness. Linkage: The acute gender imbalance in the Supreme Court, with only 11 women judges since 1950, directly reflects the inequity in higher judiciary appointments. Greater representation of women is not only about fairness but also about inclusiveness, diversity of perspectives, and legitimacy of justice delivery. This makes the 2021 UPSC question highly relevant as it highlights why institutionalising gender as a criterion in judicial appointments is essential. |
Mentor’s Comment
The issue of women’s representation in the higher judiciary has resurfaced sharply after the recent appointments to the Supreme Court overlooked senior women judges and lawyers. Despite being the guardian of constitutional morality and equality, the apex court itself reflects a glaring gender imbalance. This article explores the extent of underrepresentation, the opacity in the appointment process, and why diversity on the Bench is not merely symbolic but essential for justice delivery.
Introduction
The retirement of Justice Sudhanshu Dhulia in August 2025 created an opportunity to address the deep gender imbalance in India’s Supreme Court. However, with the appointments of Justices Vipul Pancholi and Alok Aradhe, the Court continues to have only one woman judge—Justice B.V. Nagarathna. This exposes both a structural problem in the judicial appointment system and the reluctance to institutionalise gender as a criterion for higher judiciary appointments.
The significance of gender imbalance in the Supreme Court
- Striking underrepresentation: Only 11 women judges out of 287 since 1950 (3.8%).
- Missed opportunity: Despite two vacancies in August 2025, no woman judge was appointed.
- Historical first ignored: The 2021 Collegium decision appointing three women judges at once raised hope of change, but the momentum has not continued.
- Symbolic contradiction: The Court upholds gender equality but does not reflect it internally.
The historical trajectory of women judges in the Supreme Court
- First woman judge: Justice Fathima Beevi (1989).
- Trail of appointments: Only 11 till date, with short tenures limiting their influence.
- Tenure disparity: Women often appointed at a late stage in career, reducing chances of reaching the Collegium or CJI position.
- Upcoming first woman CJI: Justice B.V. Nagarathna, but for only 36 days (Sept–Oct 2027).
- Lack of caste and minority representation: Only Justice Fathima Beevi represented a minority faith; no SC/ST woman judge was ever appointed.
Gender disparity in direct elevation from the Bar
- Male dominance: Nine men have been directly elevated from the Bar.
- Single woman appointee: Justice Indu Malhotra (2018) was the only woman elevated directly.
- Systemic discrimination: Despite women Senior Advocates being present, elevation remains blocked.
- Global comparison: Worldwide, the Bar is a major route to the higher judiciary, India lags in enabling women lawyers.
The opacity of the judicial appointment process
- Collegium secrecy: No clarity on criteria or names under consideration.
- Inconsistent transparency: Collegium resolutions briefly made public in 2017 under CJI Dipak Misra, but not institutionalised.
- Regional and caste factors considered: Yet gender is ignored as a formal category.
- Violation of merit claims: Recent appointments skipped senior women High Court judges despite “seniority” being cited in the past as a hurdle.
The importance of women’s representation on the Bench
- Unique perspectives: Women judges bring experiential diversity that shapes judicial outcomes.
- Public trust: Greater representation builds confidence in judicial impartiality.
- Truly representative court: The SC must reflect India’s social and gender diversity to strengthen legitimacy.
- Judicial precedents: The Court itself has mandated 30% reservation for women in Bar Association elections, but has no such rule for its own appointments.
Conclusion
The Supreme Court’s gender imbalance undermines its constitutional commitment to equality and inclusivity. Unless women are institutionalised as a criterion for judicial appointments, alongside caste, religion, and region, the credibility of India’s top court will remain in question. Representation is not tokenism; it is a constitutional necessity to ensure justice is dispensed through the lens of diversity, fairness, and lived realities.
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