Context:

• Women in law have made significant progress in India over the last century. Cornelia Sorabji became the first woman lawyer in 1924.
• The number of women lawyers and judges has increased, but representation in higher judiciary remains low.

Challenges in Higher Judiciary

• Glass ceiling in High Courts (HCs)
  • Women constitute only 14.27% (109 out of 764) of High Court judges.
  • Eight High Courts have just one-woman judge, while Uttarakhand, Meghalaya, and Tripura have none.
  • Allahabad High Court, the largest High Court, has only three women judges (2%).
  • Women judges are appointed at an older age (average 53 years for women vs. 51.8 years for men), reducing their chances of reaching senior positions.
  • Only the Gujarat High Court has a woman Chief Justice.
• Underrepresentation in the Supreme Court (SC)
  • Currently, there are only two women judges (Justice B.V. Nagarathna and Justice Bela Trivedi) in the Supreme Court.
  • Justice Bela Trivedi’s retirement in June 2025 will leave only one-woman judge.
  • No woman has been appointed to the Supreme Court since 2021, while 28 men have been appointed
  • Only one woman has been directly elevated from the Bar to the Supreme Court, compared to nine men.
• Barriers to women’s appointment
  • Common justifications: Lack of eligible women candidates, lack of seniority, or women’s unwillingness.
  • Systemic gender bias and deep-rooted inequality restrict women’s opportunities.
  • Women face higher scrutiny than men in judicial appointments.
  • The collegium system is opaque, lacks clear criteria, and is male-dominated.
  • Government reluctance: Since 2020, nine women recommended for High Courts were not confirmed; five were rejected outright.

Need for Gender Equality in Judiciary

• A gender-balanced judiciary enhances legitimacy, inclusivity, and public confidence.
• Women’s representation ensures courts reflect the diversity of society and deliver more balanced judgments.

Steps Towards Equality

• Reforming the collegium system: Introducing transparent selection processes and clear merit-based criteria. Creating a structured process for lawyers to apply for judgeship.
• Prioritizing gender diversity:
  • Ensuring at least one-third, if not half, of the higher judiciary comprises women.
  • Gender diversity should be considered alongside state, caste, and religious representation.
  • Appointing a diverse and independent judiciary to uphold constitutionalism and rule of law.
• Normalizing women’s representation
  • Gender balance should be a stated judicial objective in appointments.
  • Women judges should be appointed in sufficient numbers so their presence is normalized, not seen as exceptional.
  • As Justice Indira Banerjee stated, women’s appointments should not require special attention—they should be a regular occurrence.

Conclusion

• As India celebrates 75 years of the Supreme Court, a transformative shift towards gender equality in the judiciary is necessary.
• A transparent, inclusive, and merit-driven judicial appointment system is key to ensuring gender-balanced constitutional courts.