| Introduction: Contextual Introduction Body: Challenges faced by women in the higher judiciary and suggest measures to enhance their representation. Conclusion: Way forward |
The representation of women in India’s higher judiciary remains significantly low, despite progress in legal education and lower judiciary appointments. While the first woman lawyer, Cornelia Sorabji, entered the profession in 1924, gender disparities continue at the High Court and Supreme Court levels.
Challenges Faced by Women in the Higher Judiciary
- Low Representation and Delayed Appointments – Women constitute only 14.27% of High Court judges, with some High Courts having just one or no woman judge. In the Supreme Court, only two women judges serve currently, with no new female appointments since 2021. Women are also appointed at a later age than men, limiting their rise to senior positions.
- Opaque Collegium System – The lack of transparent selection criteria disproportionately affects women. The Collegium, often male-dominated, fails to actively nominate meritorious women lawyers. Additionally, even when recommended, women’s names face higher rejection rates by the government.
- Systemic Bias and Stereotyping – Women in the legal profession encounter heightened scrutiny and must prove merit more than their male counterparts. Gender biases within the judiciary and legal fraternity act as barriers to elevation.
- Lack of Institutional Support – Challenges such as work-life balance, gender-insensitive infrastructure, and insufficient mentorship discourage women from pursuing long-term judicial careers.
Measures to Enhance Women’s Representation
- Transparent Appointment Process – The collegium must establish clear, merit-based selection criteria and allow lawyers to apply for judgeship, ensuring fairness.
- Gender Diversity as a Stated Goal – Similar to considerations for state-wise, caste, and religious representation, gender diversity should be explicitly factored into appointments. At least one-third of higher judiciary positions should be reserved for women.
- Reforming Collegium Practices – Collegium members should actively identify and nominate competent women for elevation and push back against unjustified rejections.
- Encouraging Women in the Legal Profession – Law schools, Bar Councils, and legal firms should foster female leadership, increasing the pool of potential judges.
- Workplace Reforms – Gender-friendly court environments, flexible policies, and mentorship programs will facilitate career progression for women.
Conclusion
Judicial inclusivity strengthens constitutional values and enhances public trust. As Justice Indira Banerjee stated, women’s appointments must be normalized rather than seen as exceptions. Proactive reforms in judicial appointments will ensure a competent, diverse, and representative higher judiciary in India.
