Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity,…

Question

Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.

Ghissu Editorial · Accepted Answer

Greater representation of women in the higher judiciary is desirable because it brings diverse perspectives, more equitable treatment of litigants and inclusive legitimacy to the courts. The Supreme Court has had only 12 women judges since 1950, and women hold about 14% of High Court posts.

**Introduction**

The Supreme Court has had only 12 women judges since 1950, and women hold about 14% of High Court posts (Feminism in India, 2026), even as the then CJI N.V. Ramana said in 2021 that women deserve 50% representation as a matter of right.

**Why Greater Representation Is Desirable**

1. **Diversity of perspective**: Women judges bring lived experience to cases on sexual violence, family and work, enriching deliberation without diluting merit.
2. **Equity for litigants**: In Aparna Bhat (2021), the Supreme Court set aside a bail condition asking an accused to have the complainant tie him a rakhi and warned against gender stereotyping.
3. **Inclusive legitimacy**: Courts earn trust when women see themselves on the bench, serving SDG 16.7's call for representative decision-making.
4. **Role models**: Justice B.V. Nagarathna, in line to be the first woman CJI in 2027, draws more women into the profession.

**Barriers and the Path to Parity**

SKETCH: pyramid | The Leaking Judicial Pipeline
- Supreme Court: 12 ever
- High Courts: about 14%
- Lower courts: about 38%

1. **Opaque collegium**: Appointments since the Second Judges Case (1993) follow no published diversity criterion.
2. **Entry hurdles**: A mandatory Bar practice rule for civil judges, set at three years in 2025 and cut to one in 2026, may still deter young women lawyers facing family pressure early in their careers.
3. **Remedies**: A diversity clause in the Memorandum of Procedure, more women senior advocates and women's reservation in subordinate judicial services, as Bihar provides.

**Conclusion**

Greater representation of women in the higher judiciary is highly desirable, making justice more diverse, equitable and inclusive. A transparent, diversity-conscious appointment process would carry constitutional morality into the composition of the bench itself.

Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.

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