Despite India’s independence in 1947 and over seven decades of democracy, the Supreme Court has never had a woman Chief Justice, and women judges constitute only 3.8% of total SC appointments (11 out of 287 since 1950). Currently (2025). In High Courts, women comprise only 11.5% of judges, and in the legal profession, just 15% of 1.7 million registered advocates are women.
Implications of gender under-representation in Judiciary:
Lack of Gendered Perspectives in Judgments:
- Women judges bring unique insights into cases involving sexual violence, domestic abuse, reproductive rights, and family law.
- Without balanced representation, the judicial discourse lacks diversity of lived experiences.
- For Example, Justice Ruth Bader Ginsburg (US Supreme Court) shaped women’s rights jurisprudence in the U.S. In India, Justice Indu Malhotra gave a landmark dissent in Sabarimala case (2018) reflecting women’s religious agency.
Erosion of Inclusivity and Democratic Ideals:
- Judiciary, as the guardian of the Constitution, must reflect the diversity of Indian society.
- With women constituting 50% of the population but only 3.8% of SC judges historically, there is a democratic deficit.
- This weakens the judiciary’s legitimacy as an institution that embodies equality under Article 14 (Right to Equality).
Impact on policy Outcomes:
- Male-dominated benches may overlook or under-prioritise issues affecting women.
- Diverse benches entails more balanced, empathetic, and inclusive rulings.
- For example, Judicial delays in sexual harassment and gender-based violence cases often fail to account for the trauma faced by victims.
Weakening Public Confidence in Judiciary:
- People are more likely to trust courts when they see themselves represented.
- Underrepresentation of women leads to perception of bias in favour of elite male networks.
- Reduces judiciary’s role as a neutral and representative institution.
Lost Leadership and Institutional Growth:
- Short tenures for women judges (due to late entry) leads to loss of potential women CJIs and Collegium members.
- This leads to lost opportunities for institutional reform driven by women leaders.
- For example, Justice Nagarathna will be the first woman CJI in 2027, but for just 36 days, reflecting structural barriers.
Vicious Cycle in Legal Profession:
- Few women in higher judiciary discourages young women lawyers from pursuing litigation careers.
- This shrinks the pipeline of eligible women for future appointments, perpetuating underrepresentation.
Measures to Improve Representation:
- Institutional Reforms: Gender should be an explicit criterion in collegium deliberations with written commitment to diversity in appointments.
- Reservation in Higher Judiciary: Mandate at least 30–33% reservation for women judges in High Courts and SC.
- Promoting Early Elevation: Identify talented women at Bar and subordinate judiciary early for elevation to ensure longer tenure.
- Encouraging Women in Litigation
- Mentorship, scholarships, better infrastructure, maternity support.
- Increase women’s share in High Court appointments (feeder system for SC).
- Infrastructure Improvements: Gender-friendly judicial infrastructure: restrooms, childcare centres, safe workspaces.
- Behavioural & Social Change
- Gender sensitisation among bar and bench.
- Encourage inclusivity through awareness and legal reforms.
Conclusion:
A judiciary that reflects India’s diversity enhances inclusiveness, legitimacy, and justice delivery. Structural reforms, combined with social change and affirmative action, are essential to ensure that women move from being symbolic presences to substantive stakeholders in India’s judiciary.
‘+1’ Value Addition:
- Justice Fathima Beevi (1989): first woman SC judge, pathbreaking but isolated instance.
- Justice Indu Malhotra: only woman elevated directly from the Bar.
- Justice B.V. Nagarathna: to become first woman CJI in 2027, but for shortest-ever tenure (36 days).
- Global examples: US Supreme Court has 4 women out of 9 judges shows stronger gender balance.
- “Women of the world unite. You have nothing to lose but your chain” – former CJI N.V. Ramana.
- India lags behind in gender representation compared to global peers:
- US Supreme Court: 4 women out of 9 judges.
- UK Supreme Court: Women make up 30% of judges.
- Canada: Nearly 40% women in Supreme Court.
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