Why in News: With the retirement of Justice Sudhanshu Dhulia (August 9, 2025), two vacancies arose in the Supreme Court (SC). However, no woman judge was appointed despite the acute gender imbalance.
Present Scenario of Women in the Supreme Court
- Since 1950, only 11 women judges have been appointed out of 287 (≈3.8%).
- Historical timeline of women judges: from Justice Fathima Beevi (1989) to Justice B.V. Nagarathna (2021–2027).
- First and only Muslim woman judge: Justice Fathima Beevi.
- Direct appointments from Bar: 9 men, only 1 woman (Justice Indu Malhotra).
- Women are generally appointed late in age, resulting in short tenures.
- Justice Nagarathna will become the first woman CJI in September 2027, but only for 36 days.
Challenges in Gender Representation
Scant Appointments and Lack of Diversity
- Appointments of women are rare and sporadic.
- No representation from Scheduled Castes/Scheduled Tribes among women judges.
- Women from minority communities grossly under-represented.
Collegium and Appointment Process
- Appointments made by CJI + 4 senior judges (Collegium) → Law Ministry → PM → President.
- Criteria not transparent; no institutionalised gender consideration.
- Collegium resolutions inconsistent in providing reasons for appointments.
- Regional, caste and religious representation are often considered; gender ignored.
Barriers for Women Lawyers
- Very few women from the Bar elevated directly to SC.
- Women lawyers face discrimination, lack of opportunities, and slower career progression.
- Later age of appointment restricts chances of joining Collegium or becoming CJI.
Systemic Issues
- Collegium process shrouded in secrecy → lack of accountability.
- Excuses like “lack of senior women” often cited, though recent appointments have overlooked seniority.
- Delay in appointing women results in shorter tenure and fewer leadership opportunities.
Why More Women Judges are Needed
Diversity and Inclusion
- Gender diversity brings varied life experiences and reasoning styles.
- Promotes a bench more reflective of India’s plural society.
Legitimacy and Public Confidence
- Greater representation of women enhances trust and confidence in judiciary.
- Seen as a symbol of fairness, equality, and access to justice.
Sensitivity in Judicial Outcomes
- Women judges bring perspectives on issues like gender violence, family law, workplace harassment, etc.
- Empirical evidence globally: diversity on bench improves deliberation quality.
Role in Progressive Jurisprudence
- SC has pioneered gender equality rulings (e.g., Vishaka guidelines, Triple Talaq, Sabarimala).
- For credibility, such jurisprudence must reflect in its composition.
Global Benchmarking
- Countries like Canada, UK, USA have higher women representation in apex courts.
- India lags far behind in inclusivity at the top judicial level.
Way Forward
Institutionalise Gender as a Criterion
- Amend Memorandum of Procedure to explicitly include gender representation.
- Ensure a minimum quota/threshold for women judges in SC.
Promote Women from the Bar and High Courts
- Identify senior women advocates and judges early for elevation.
- Reduce age barrier to ensure longer tenures.
Transparency in Collegium
- Make criteria, deliberations, and reasons for appointments public.
- Strengthen accountability to avoid arbitrary selections.
Affirmative Measures
- Encourage diversity not just in gender, but also caste, community, and region.
- Consider policies to promote women in lower and High Courts → build pipeline.
Broader Cultural Shift
- Address systemic discrimination in legal profession.
- Promote mentorship, equal opportunities, and conducive work environments for women lawyers.
Conclusion
The Supreme Court of India is the guardian of constitutional values, especially equality and inclusivity. Yet, its own composition reflects a deep gender imbalance.
UPSC Relevance
GS Paper II – Governance, Constitution, Polity
- Structure, Organization and Functioning of the Judiciary – Analysis of appointment process and collegium system.
GS Paper I – Indian Society
- Role of Women in Indian Society – Underrepresentation in top institutions reflects wider gender disparity.
Mains Practice Question
Q.“The acute gender imbalance in India’s Supreme Court highlights the limitations of the collegium system. Critically analyse the need to institutionalise gender as a criterion in judicial appointments.”