Paper: GS – II, Subject: Polity, Topic: Judiciary and Tribunals, Issue: Women’s representation in India’s Supreme Court.
Context:
Recently, the appointment of another woman judge to the Supreme Court renewed discussion on women’s low representation in the higher judiciary. Despite progress in law and education, women still face a “glass ceiling” in reaching the top courts. The issue is whether India needs a clear gender quota or written policy to ensure fair representation.
Key Takeaways:
Background:
- The Supreme Court of India has historically had very few women judges.
- Women lawyers face barriers in career growth, senior designation, visibility and judicial appointments.
- Direct appointment from the Bar to the Supreme Court is rare for women.
- Many countries have introduced reforms to ensure gender diversity in constitutional courts.
- Representation matters because courts decide issues affecting the whole society, including women and marginalised communities.
Explanation:
Present Problem:
- Women remain seriously under-represented in India’s Supreme Court.
- Even after recent appointments, the number of women judges is very low compared to male judges.
- Short tenures also reduce women’s chances of entering important decision-making bodies such as the Collegium.
- This shows that symbolic appointments are not enough.
Global Examples:
- Belgium introduced a gender quota requiring at least one-third representation of each sex in its constitutional court.
- South Africa has adopted diversity-based (racial, gender) reforms, and top courts in countries such as Canada, Germany, South Africa and Belgium are moving close to 50% women representation.
Why Quota is Being Suggested:
- Indian judicial appointments already consider representation from different High Courts and regions.
- Therefore, gender representation can also be treated as a valid factor.
- A 33.3% women representation policy can help correct historical exclusion.
- It can make the judiciary more inclusive, legitimate and socially representative.
Need for Inclusive Representation:
- Gender diversity should also include women from the Bar, minority communities, SC/ST and OBC backgrounds.
- This will ensure that representation is not limited to elite sections.
- A constitutional amendment to Articles 124 and 217 may be considered to reflect gender and social diversity in Supreme Court and High Court appointments.
Way Forward:
- Until constitutional reform happens, the Supreme Court can adopt a written policy for at least 33.3% women judges.
- Targeted appointments must be planned rather than left to chance.
- The appointment process should actively identify and elevate capable women lawyers and judges.
Conclusion:
Women’s low representation in the higher judiciary is not merely a numbers problem; it reflects structural barriers in the legal system. India needs a clear roadmap to ensure gender diversity in the Supreme Court and High Courts. A fair judiciary must reflect the diversity of the society it serves.
Source: (The Indian Express)
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Judicial Gender Quota and Supreme Court Diversity