Low representation of women in India’s higher judiciary

Source: The post low representation of women in India’s higher judiciary has been created, based on the article “Closing the gender gap in the higher judiciary” published in “The Hindu” on 10th March 2025. Low representation of women in India’s higher judiciary

UPSC Syllabus Topic: GS Paper2- Judiciary

Context: The article highlights gender inequality in India’s higher judiciary, with few women judges in High Courts and the Supreme Court. It advocates for transparent appointments, gender diversity, and merit-based selections to ensure equal representation of women on the Bench.

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How has women’s representation in the Indian judiciary evolved?

1. Women’s representation in the Indian judiciary has grown over the past 100 years.
2. In 1924, Cornelia Sorabji became the first woman lawyer to practice in India.
3. Today, women make up 14.27% of High Court judges, with 109 out of 764 being women.
4. However, some High Courts, like those in Uttarakhand, Meghalaya, and Tripura, have no women judges.
5. The Allahabad High Court has only 3 women judges out of 79, making it just 2%.
6. Women are also appointed later than men, with their average age of appointment being 53 years compared to 51.8 years for men.
7. Only the Gujarat High Court has a woman Chief Justice.

How are women represented in the Supreme Court?

1. The situation is worse in the Supreme Court, which currently has only two women judges: Justice B.V. Nagarathna and Justice Bela Trivedi.
2. After Justice Bela Trivedi’s retirement in June 2025, only one woman judge will remain.
3. Since 2021, 28 judges have been appointed, none of them women.
4. In 75 years, only one woman has been directly elevated from the Bar to the Supreme Court, while nine men have been.

What are the challenges faced by women in higher judiciary appointments?

1. Systemic Inequality: Women are often seen as inferior within the legal profession, facing deep-rooted biases.
2. Merit Scrutiny: Women nominated for judgeship face tougher scrutiny and must prove merit more than men.
3. Biased Justifications: Arguments like insufficient eligible women candidates hide the real issue of bias.
4. Opaque Collegium System: Lack of clear criteria for eligibility and merit in the collegium process obstructs women’s appointments.
5. Government Rejections: Since 2020, nine women recommended for High Courts were not confirmed by the government; five were the only names rejected.

What steps can improve gender equality in the judiciary?

1. Implement Transparent Processes: Establish a clear and transparent process for judicial appointments. Specify the criteria for eligibility and merit. Ensure that selections are based on qualifications and integrity.
2. Prioritize Gender Diversity: Aim to have at least one-third of judges in higher judiciary as women. This would reflect societal composition better. It would also enhance the court’s legitimacy and public trust.
3. Address Systemic Bias: Combat deep-rooted biases against women in law. Normalize the appointment of women judges without additional scrutiny. Ensure that women do not face tougher standards than men.
4. Increase Government Accountability: Make the government accountable for rejecting women recommended by the collegium. Since 2020, nine women’s names were recommended but not confirmed. Of these, five were the only names to be rejected.

Question for practice:

Examine the factors contributing to the low representation of women in India’s higher judiciary.