Syllabus: Structure, organisation and functioning of the Executive and the Judiciary
- Women are severely underrepresented in India’s higher judiciary. According to the India Justice Report 2025:
- Supreme Court: Only 3.1% women (1 out of 34 judges).
- High Courts: Women constitute 14% of judges; only 1 out of 25 High Courts is headed by a woman Chief Justice.
- Lower courts fare better, with women making up 38% of judges due to competitive exams.
Reasons for Gender Disparity
- Collegium system: Selection by the Chief Justice and senior judges is elitist and networked, disadvantaging women and underprivileged groups.
- Infrastructure gaps: Nearly 20% of district court complexes (2023) lacked separate toilets for women, affecting workplace inclusivity.
- Limited promotional opportunities and gender-friendly policies hinder advancement.
Need for Reform
- Proposal for an All-India Judicial Service through merit-based, transparent, national-level competitive exams. It was supported by President Droupadi Murmu in 2023 to enhance the representation of underrepresented social groups.
- The argument made against this is of executive interference, but it is not convincing, as lower judiciary selection through exams has preserved independence.
- Open competition would bring transparency, meritocracy, and inclusivity to higher judiciary appointments.
- UPSC as a Model
- UPSC demonstrates diversity and meritocracy in selection:
- Civil Services 2024: 1,009 selected; includes 318 OBC, 160 SC, 87 ST, 109 EWS; 11 women among top 25 ranks.
- IPS 2024: 54 women joined (28% of strength).
- UPSC demonstrates diversity and meritocracy in selection:
- Thus, a similar competitive system could work for the higher judiciary.
Way Forward
- Article 312 of the Constitution allows creation of new All-India Services, including All-India Judicial Service.
- Selection should be open to all Indians and conducted by UPSC, with Supreme Court and High Courts setting eligibility and standards.
- Selected judges work under the Supreme Court or the High Court’s control.
- Transparent, inclusive recruitment would ensure a judiciary that reflects diversity, merit, and public accountability.