Women in Judiciary: Latest Appointments and Representation
- ByAdmin --
- 21 May 2025 --
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The Indian judiciary is regarded as the guardian of the Constitution, tasked with delivering justice and upholding democratic values. However, when it comes to gender representation, particularly at higher levels of the judiciary, the picture remains far from equitable. While the Constitution guarantees equality, women's presence in courts—especially in the Supreme Court and High Courts—reflects a persistent gender gap.
Constitutional Provisions for Gender Equality
The Indian Constitution lays the foundation for gender justice through several key provisions:
- Article 14: Guarantees equality before the law and equal protection of the laws.
- Article 15(1): Prohibits discrimination on the grounds of sex.
- Article 15(3): Allows the State to make special provisions for women and children.
- Article 39(a): Directs the State to ensure that men and women have the right to an adequate means of livelihood.
- Article 124 & 217: Lay down provisions for the appointment of judges to the Supreme Court and High Courts.
Despite this strong constitutional backing, the representation of women in the judiciary remains dismal, revealing a disconnect between legal guarantees and institutional practices.
Current Statistics and Gender Disparity
As of mid-2025, the data underscores a stark underrepresentation of women in the higher judiciary:
- In the Supreme Court, only 2 out of 34 judges are women.
- Across 25 High Courts, women make up only about 14.4% of judges.
- Only 1 woman Chief Justice currently presides over a High Court (Gujarat High Court).
- The subordinate judiciary presents a relatively better picture with women constituting 38.3% of judges.
This significant drop in numbers from lower courts to higher courts reflects a systemic failure in creating a level playing field for female legal professionals.
Recent Appointments and Key Milestones
In recent years, some notable appointments have sparked optimism for greater inclusivity:
- Justice B.V. Nagarathna, currently serving on the Supreme Court, is on track to become the first woman Chief Justice of India in 2027, provided seniority is maintained. This would mark a historical milestone.
- In 2025, Justice Yarenjungla Longkumer became the first woman from Nagaland to be appointed to the Gauhati High Court, representing both gender and regional diversity.
- However, of the 192 judges appointed to High Courts between 2023–2025, only about 17.5% were women.
These developments show progress but also highlight how rare such appointments still are.
Structural and Institutional Barriers
Women lawyers and judges face multiple barriers in advancing within the judiciary:
- Lack of transparent elevation processes, especially under the collegium system.
- Gender bias and stereotypes that question women's leadership ability
- Underrepresentation in senior advocate positions, which often serve as a pool for High Court and Supreme Court appointments.
- Inadequate work-life balance policies in a traditionally male-dominated profession.
- Minimal support structures like childcare or flexible work policies.
Such systemic obstacles have hindered many capable women from being elevated to top judicial posts, even as they continue to excel at the subordinate level.
The Collegium System and Gender Inclusivity
The appointment of judges to higher courts is governed by the collegium system, which lacks a formal process to ensure diversity and inclusion. Neither gender representation nor social background is an explicit consideration in most collegium recommendations.
In 2025, some collegium resolutions began to be made public to introduce transparency. However, critics argue that opaque and subjective decision-making still limits the inclusion of women and other marginalized groups.
Steps Toward Change
Several reforms and suggestions have been proposed to increase gender parity in the judiciary:
- Introduce diversity benchmarks or targets in judicial appointments.
- Develop structured mentorship programs to guide female advocates and junior judges.
- Ensure transparent criteria in the elevation process under the collegium system.
- Encourage more women to take up litigation by providing better institutional support and incentives.
- Promote gender sensitization training across legal institutions.
Judicial academies, bar associations, and law colleges can play a vital role in implementing such reforms.
Conclusion
Although recent appointments and future milestones—like the anticipated elevation of Justice Nagarathna—signal a shift, India’s higher judiciary still reflects a male-dominated structure. The presence of women in the judiciary is not just about numerical parity but about bringing diverse perspectives to the interpretation of law and justice delivery.
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