Gender Imbalance in the Supreme Court of India: A Constitutional and Social Concern

Why in News?

• With the retirement of Justice Sudhanshu Dhulia (August 2025), two vacancies arose in the Supreme Court. Instead of correcting the gender imbalance, two male judges — Justice Vipul Pancholi and Justice Alok Aradhe — were appointed.

• Justice B.V. Nagarathna is currently the only woman judge on the Bench of 34.

• Historically, only 11 women judges (3.8% of total) have served in the Supreme Court since 1950.

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Constitutional and Institutional Context

1. Judicial Appointments Process

• Governed by the Collegium System (CJI + 4 senior-most judges).

• Recommendations sent to the Union Law Ministry → PM → President.

• Memorandum of Procedure (MoP) governs but lacks clear criteria for appointments.

2. Transparency and Criteria Issues

• Collegium resolutions sometimes mention reasons (e.g., CJI Dipak Misra, CJI Chandrachud), but practice is inconsistent.

• Considerations: caste, region, religion, seniority.

• Gender not institutionalised as a criterion.

3. Global Perspective

• Many democracies ensure gender and diversity quotas in higher judiciary.

• In India, despite Supreme Court’s activism on gender equality, the Court itself shows structural exclusion.

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Gender Imbalance: The Data

• First Woman Judge: Justice Fathima Beevi (1989).

• Total till 2025: 11 women out of 287 judges → 3.8% representation.

• Current Position: Only 1 woman judge (Justice Nagarathna), who will become India’s first woman CJI (Sept–Oct 2027), but only for 36 days.

• Direct Elevation from Bar: 9 men vs. only 1 woman (Justice Indu Malhotra).

• Diversity Gap: No woman judge from SC/ST background; only one (Justice Beevi) from a religious minority.

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Issues Arising

1. Lack of Representation

   • Undermines public trust in judiciary as a representative institution.

   • Skews judicial perspectives in gender-sensitive cases.

2. Delayed Appointments

   • Women appointed at later ages → short tenure → fewer chances to reach Collegium or CJI position.

3. Opaque Collegium Process

   • No written policy on diversity.

   • Subjectivity leads to exclusion of senior women judges and advocates.

4. Impact on Justice Delivery

   • Women judges bring unique perspectives on issues like sexual harassment, domestic violence, workplace equality, etc.

   • Their absence weakens jurisprudence on gender justice and inclusion.

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UPSC Previous Year Questions

• 2022 (GS-II, Mains): Discuss the role of the judiciary in promoting gender justice in India.

• 2021 (Essay): The process of inclusive growth must be gender sensitive.

• 2019 (GS-II, Mains): Critically examine the need for transparency in the appointment of judges in higher judiciary in India.

• 2018 (GS-I, Mains): Empowerment of women in India needs gender budgeting and representation in institutions. Discuss.

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Way Forward

1. Institutionalising Gender as a Criterion

   • Amend the MoP to include gender diversity in appointments.

   • Ensure at least one woman judge in Collegium at all times.

2. Encouraging Women from the Bar

   • Create pathways for direct elevation of women advocates.

   • Support women lawyers through mentorship and representation in Bar Councils.

3. Age of Appointment

   • Earlier elevation of women judges → longer tenure → higher chances of reaching CJI.

4. Transparency in Collegium

   • Make selection criteria public.

   • Institutionalise a diversity charter (gender, caste, region, minority).

5. Structural Reform Debate

   • Revisit NJAC vs Collegium debate with stronger transparency and accountability mechanisms, but with safeguards for independence.

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Conclusion

The Supreme Court of India, as the guardian of the Constitution, cannot afford to ignore gender equity in its own structure. While it has directed Bar Associations and legislatures to ensure 30% women representation, its own record remains abysmally low.

👉 For UPSC answers, conclude by linking with:

• Article 14 (Equality before law),

• Article 15 (Prohibition of discrimination),

• SDG 5 (Gender Equality),

• and the trust-deficit created when institutions fail to reflect the society they serve.

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⚡️ Exam Tip (Suryavanshi IAS Style):

• In Mains, write: “The absence of women judges in the Supreme Court reflects not only a democratic deficit but also a constitutional irony, where the Court preaches equality but fails to practice it internally.”