India Needs More Women Judges in the Supreme Court
Context
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With the retirement of Justice Sudhanshu Dhulia (Aug 2025), there were two vacancies in the Supreme Court.
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Despite this, no women judges were appointed.
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Justice B.V. Nagarathna remains the sole woman judge (out of 34).
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Raises concerns on gender imbalance in higher judiciary and the opaque Collegium system.
Current Status of Women in Supreme Court
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Total Judges appointed since 1950: 287
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Women Judges till date: Only 11 (≈3.8%)
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Current representation (2025): 1 woman (Justice B.V. Nagarathna).
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Historic milestones:
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Justice Fathima Beevi (1989) – 1st woman SC judge.
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Justice Indu Malhotra (2018) – 1st woman elevated directly from Bar.
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Justice Nagarathna will be 1st woman CJI (Sept–Oct 2027), but for only 36 days.
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Issues in Appointment of Women Judges
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Low Representation
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Only 11 women in 75 years of SC.
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Last major induction (2021): 3 women judges in one go (historic).
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Caste & Religious Diversity Missing
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No women from SC/ST communities in SC.
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Only Justice Fathima Beevi represented a minority faith.
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Barriers in Direct Elevation from Bar
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9 male judges elevated directly from Bar vs only 1 woman (Justice Indu Malhotra).
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Late Appointments
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Women often appointed at older ages → shorter tenure, limited chance to become CJI or Collegium member.
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Opaque Collegium System
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Criteria not transparent.
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Gender not considered a factor, though caste/region/religion sometimes are.
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Collegium & Appointment Procedure
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As per Memorandum of Procedure:
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CJI + 4 senior-most judges form the Collegium.
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Recommendation goes to Law Ministry → PM → President.
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Problems:
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Lack of transparency.
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No institutional mandate for gender representation.
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Reasons for selection often not disclosed.
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Why Women Judges Matter
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Substantive Justice: Bring diverse perspectives shaped by lived experiences.
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Public Trust: Enhances confidence in judiciary; reflects inclusivity.
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Policy Significance: Judiciary itself mandates gender quotas in Bar Associations, but fails to implement within judiciary.
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Representative Judiciary: Ensures court decisions reflect experiences of all citizens.
Global Context
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In many democracies, gender diversity is a formal consideration in judicial appointments.
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Example:
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US Supreme Court – 4 women justices historically (3 currently).
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UK Supreme Court – Increasing women judges, transparent selection processes.
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Canada – Emphasizes diversity in judicial appointments.
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Way Forward
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Institutionalise Gender Representation
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Make gender diversity an explicit criterion in Collegium resolutions.
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Transparent Appointment Policy
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Publish shortlists and reasons for selection.
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Encourage Direct Elevation of Women Lawyers
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Appoint more women from the Bar to SC/HC.
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Promote Caste & Religious Diversity Among Women
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Ensure SC/ST/minority women also get representation.
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Early Career Appointments
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Appoint women judges earlier to ensure longer tenure → chance to reach CJI/Collegium.
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