The Road to Gender Equity in Courts

Paper: GS – II, Subject: Polity, Topic: Judiciary and Tribunals, Issue: Ensuring gender equity in courts.

Context:

Women’s under-representation in India’s higher judiciary (High Courts & Supreme Court) continues to be a major issue as highlighted by the India Justice Report 2025.

Key Highlights:

Status of women in Judiciary:

As highlighted by the India Justice Report 2025:

• Only 14% judges in High Courts are women.
• Only 3.1% in the Supreme Court.
• Out of 34 SC judges, only one is a woman.
• Out of 25 High Courts, only one is headed by a woman Chief Justice.

Current Situation & Challenges:

Gender Imbalance in Higher Judiciary:

Measures needed:

1. National Judicial Service Examination (NJSE):
   1. Conducted by UPSC, like IAS/IPS recruitment.
   1. Open, competitive, and merit-based exam.
   1. Would ensure transparency, reduce bias and patronage.
   1. Would give equal opportunities to less-represented social groups.
2. All-India Judicial Service (AIJS):
   1. Backed by Article 312 of the Constitution, it promotes uniform recruitment, training, and service standards.
3. Training & Capacity Building:
   1. Comprehensive training programme for newly selected judges.
   1. Selection process should be brought under SC & HC oversight, but with transparency.

Conclusion:

Gender imbalance in higher judiciary is not just a representational issue but one of justice, inclusivity, and democratic legitimacy. Creating a transparent, competitive, and national-level recruitment system (like AIJS) will inject diversity and meritocracy.

https://www.thehindu.com/opinion/op-ed/the-road-to-gender-equity-in-courts/article70166860.ece

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