[Answered] Examine the factors causing gender imbalance in the higher judiciary. Critically analyze the potential of a national-level judicial competition to ensure gender equity.

Introduction

According to the India Justice Report 2025, women constitute only 14% of High Court judges and 3.1% of Supreme Court judges, exposing deep structural barriers to gender equity in Indias higher judiciary.

Understanding the Gender Imbalance in Higher Judiciary

1. Despite constitutional guarantees of equality under Articles 14, 15, and 16, women remain underrepresented in judicial leadership roles.
2. Current scenario is that out of 34 Supreme Court judges, only one is a woman, and only one High Court has a woman Chief Justice.
3. Trends, since 1950, only 11 women have ever been appointed to the Supreme Court.
4. This imbalance reflects structural, procedural, and cultural barriers within Indias judicial ecosystem.

Key Factors Behind Gender Imbalance

1. Collegium System and Networked Selection: The Collegium System — an opaque, informal and male-dominated structure — favours judges and lawyers within elite circles. Lack of diversity in the judicial pipeline reduces the chances of women being nominated.
2. Limited Representation at Bar and Bench: Women constitute less than 15% of practising advocates in the Supreme Court (Bar Council of India, 2024). The absence of women in senior advocacy limits their visibility for elevation.
3. Infrastructural and Institutional Barriers: A Supreme Court Centre for Research and Planning (2023) study found that 20% of district court complexes lack separate toilets for women, discouraging their participation. Long work hours, lack of childcare facilities, and gender bias deter women from higher judicial careers.
4. Socio-Cultural Constraints: Persistent stereotypes about womens emotional nature or unsuitability for high-pressure decision-making reinforce gendered bias in appointments. Justice Indu Malhotra noted that unconscious bias, not competence, keeps women away from higher benches.

Potential of a National-Level Judicial Competition (AIJS)

1. Ensuring Meritocracy and Transparency: Establishing an All-India Judicial Service (AIJS), as proposed under Article 312, can create a merit-based, transparent and gender-neutral selection mechanism. The UPSC model demonstrates the success of competitive recruitment in ensuring inclusion. For instance, 11 of the top 25 UPSC candidates in 2024 were women.
2. Promoting Diversity and Equal Access: AIJS can bridge the gap between privileged law networks and talented candidates from underrepresented backgrounds, including women, OBC, SC, and ST aspirants. President Droupadi Murmu (2023) emphasized AIJS as an instrument to ensure representation of less-represented social groups.
3. Institutional Parallels and Evidence: In the lower judiciary, where recruitment occurs via State Judicial Service Examinations, women constitute 38% of judges — a stark contrast to higher courts. This indicates that open competition correlates with gender inclusivity.
4. Addressing Concerns of Judicial Independence: Critics argue that AIJS may cause executive interference, but evidence from UPSC and lower judiciary recruitment disproves this fear. Judicial independence can be safeguarded if the Supreme Court and High Courts supervise recruitment and training post-selection.

The Way Forward

1. Institutionalize AIJS under Supreme Court oversight with UPSC-conducted exams.
2. Gender-sensitive training modules and mentorship for women judges.
3. Infrastructure upgrades (childcare, restrooms, flexible work policies).
4. Reservation or representation targets for women in higher judiciary appointments.
5. Transparency mechanisms in Collegium recommendations.

Conclusion

Real change endures when it begins in the hearts of people. Gender-equitable judiciary strengthens both justice and democracy.