Justice B.V. Nagarathna recently said that at least 30% of law officers representing the Centre and the state governments should be women, highlighting the urgent need for gender diversity in the judiciary. While women have made significant strides in the legal profession in India, systemic barriers continue to hinder their full participation at higher levels.
The enrolment of women in law schools has seen a remarkable rise over the years. In some premier institutions, women constitute nearly 40-50% of students. Women have also been making inroads as public prosecutors and corporate lawyers, challenging traditional gender norms. Several landmark moments reflect this shift. Justice Leila Seth became the first woman judge of Delhi High Court in 1991, and the first woman chief justice of a state high court. In 2018, Justice Indu Malhotra became the first woman lawyer to be directly appointed as a judge of the Supreme Court of India from the bar. Nagarathna herself is poised to become the first woman CJI in 2027. These developments signal a gradual, albeit slow, transformation.
Women make up only 13.4% of the judges in the high courts and just 9.3% in the Supreme Court. In eight high courts, there is either no woman judge or just one. The Allahabad High Court, the largest in the country, has only three women judges out of 79. At present, the Gujarat High Court is the only one with a woman chief justice. Additionally, women judges are appointed at an older average age (53 years) compared to men (51.8 years), limiting their chances of reaching senior positions. The situation in the Supreme Court is even more alarming. Despite a sanctioned strength of 34 judges, the court has historically had very few women justices. At present, it has only one sitting woman judge.
Across the higher judiciary, women make up only 14.27% of the total judges, with just 109 women judges out of a working strength of 764. The Centre told Parliament in February that since 2018, only 17% of lawyers elevated to various high courts have been women. The gender disparity is even starker in the Supreme Court where not a single woman has been appointed among the 28 judges inducted since 2021. Over the last 75 years, the Supreme Court has had just 11 women judges — an abysmal 4% of the total 276 judges.
There are structural barriers that contribute to this under-representation. Women struggle to gain senior designations in the Bar and face resistance in being considered for elevation to the Bench. The absence of transparent selection criteria disproportionately hinders women as the male-dominated Collegium allegedly often overlooks meritorious female lawyers. Lack of mentorship and an unsupportive work environment discourage women from sustaining long careers. Sexism in the judiciary runs deep. The senior advocate, Indira Jaising, once stated that a senior male lawyer addressed her as ‘that woman’, whereas he referred to his male counterparts as ‘my learned friend’. Litigants also often exhibit bias against women lawyers, tending to favour male lawyers.
There is a need for legislative interventions for greater female participation in the judiciary. A transparent and inclusive appointment process, encouraging mentorship programmes and institutional support for women in law can ensure career longevity. Addressing gender biases at a cultural level is essential for true parity in the legal profession. Systemic reforms and proactive measures are necessary to ensure that women rise to the highest echelons of the judiciary. Just as caste, religion, and regional representation are often considered in judicial appointments to ensure a representative judiciary, gender diversity must also be a key factor. The higher judiciary should aim for at least one-third representation for women, if not an equal share, to ensure a more balanced and inclusive Bench.
Aditya Mukherjee
Source: Telegraph, 26/05/25
