03.09.2025

Women Judges in the Supreme Court

Context

As of August 2025, India’s Supreme Court has only one woman judge out of 34; historically 11 women appointed, with no long-term Chief Justice, and limited caste and religious diversity.

About the Issue

The underrepresentation of women in the Supreme Court has multiple dimensions:

• Gender Imbalance and Lack of Diversity: Limits perspectives and inclusiveness in judicial decision-making.
   
• Opaque Collegium System:
   
  • Judicial appointments are made by the Collegium (CJI and four senior-most judges).
     
  • The process lacks transparency, with no public disclosure of criteria, leading to accusations of favouritism.
     
• Scant Appointments: Women are rarely appointed directly from the Bar, and male advocates are often prioritised.
   
• Late Appointments: Women are often elevated at older ages, resulting in shorter tenures and fewer opportunities to become Chief Justice.
   

Why More Women Judges are Needed

• Fairness and Diversity: Increases inclusivity and enhances the quality of justice.
   
• Public Trust: A diverse judiciary boosts societal confidence in the court system.
   
• Gender-Sensitive Judgments: Women judges bring perspectives that improve rulings in cases involving gender, family, and labour laws.
   
• Inspiration: Presence of women judges motivates other women to pursue legal careers.
   

Proposed Solutions

• Gender Quota: Implement formal criteria for gender representation in judicial appointments.
   
• Transparent Collegium Process: Make appointment procedures publicly accessible and clearly defined.
   
• Direct Elevations: Promote qualified women lawyers directly from the Bar to higher judicial positions.
   
• Retention Policy: Develop comprehensive strategies to retain and advance women within the judiciary.
   
• National Judicial Appointments Commission (NJAC): Previous attempts to include government and opposition representation were struck down as unconstitutional, but the need for balanced input remains.
   

Significance

Increasing women’s representation in the Supreme Court:

• Improves decision-making and judicial quality.
   
• Enhances fairness and equity in the legal system.
   
• Strengthens public confidence in the judiciary.
   
• Encourages gender-sensitive and inclusive judgments.
   
• Serves as a role model for aspiring women lawyers.
   

Challenges

• Collegium System: Non-transparent and criticised for favouritism.
   
• Low Appointment Rates: Women face slower career progression and short tenures.
   
• Lack of Diversity: Minimal representation of SC/ST and minority women.
   

Conclusion

Addressing the low representation of women in India’s Supreme Court is crucial for fairness, inclusivity, and public trust. Transparent appointment processes, targeted policies, and active promotion of women from the Bar can strengthen diversity and ensure that the judiciary better reflects society.