Mentor’s Comment: UPSC mains have always focused on the women in the higher judiciary (2021), and appointment of judges of higher judiciary (2017).

Women in law have made significant progress in India over the past 100 years. Cornelia Sorabji became the first woman lawyer to practice in 1924. Since then, the number of women lawyers has increased, with many becoming Senior Advocates and judges in lower courts. However, their representation in the higher judiciary remains very low.

Today’s editorial highlights the reasons for the low representation of women in the Indian judiciary. This content is useful for GS Papers 1 and 2 in the UPSC Mains exam.

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Let’s learn!

Why in the News?

The gender gap in India’s judiciary is evident in the low representation of women, especially in higher courts.

What are the main reasons for the underrepresentation of women in the higher judiciary in India?

• Systemic Gender Bias and Stereotypes: Women are often viewed as less capable of handling complex legal matters or leadership roles. Example: Justice Indira Banerjee, a former Supreme Court judge, highlighted how women must work harder to prove their competence compared to male counterparts.
• Opaque Collegium System: The collegium lacks transparency in the selection process and does not prioritize gender diversity. Example: Since 2021, 28 judges have been appointed to the Supreme Court, but none of them have been women.
• Limited Senior Women Advocates: Fewer women reach the level of Senior Advocate, which reduces the pool of candidates for higher judicial positions. Example: Only one woman, Justice Indu Malhotra, has been elevated directly from the Bar to the Supreme Court in its history.
• Delayed Appointments and Age Disparity: Women are appointed to the Bench later than men, limiting their tenure and chances of becoming Chief Justices. Example: The average appointment age for women is 53 years, while for men, it is 51.8 years.
• Government’s Selective Confirmation: Women’s names recommended by the collegium are more likely to be delayed or rejected by the government. Example: Since 2020, nine women were recommended for High Court appointments, but five of these names were rejected.

How can the collegium system be reformed to ensure greater transparency and gender diversity in judicial appointments? 

• Establish Clear and Transparent Selection Criteria: Implement publicly available guidelines specifying the qualifications, experience, and evaluation methods for judicial appointments. Example: The United Kingdom’s Judicial Appointments Commission uses clear, published criteria to promote transparency and diversity in judicial selection.
• Mandate Gender Representation in Recommendations: Introduce a formal quota or commitment to ensuring that at least one-third of the recommended candidates are women. Example: Countries like Canada follow a diversity mandate to ensure that judicial appointments reflect gender and ethnic representation.
• Open Application Process for Judicial Aspirants: Allow eligible lawyers to apply for judgeship through a transparent process rather than relying solely on collegium nominations. Example: South Africa invites applications publicly and conducts open interviews, ensuring broader participation, including women candidates.

Way forward: 

• Institutionalize Gender Diversity in Judicial Appointments: Implement a binding policy requiring the collegium to prioritize gender diversity, ensuring a minimum percentage of women in judicial recommendations. This can be reinforced by periodic audits and public reports on gender representation.
• Mentorship and Capacity Building for Women Lawyers: Establish structured mentorship programs to support women lawyers in advancing to senior positions and encourage their participation in judicial roles. This should include targeted training for leadership and judicial skills to expand the pool of qualified women candidates.

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