Gender Gap in India's Judiciary

Summary of Key Points on Women's Representation in India's Judiciary

Current Statistics and Representation

• Women represent 14% of judges in High Courts and 3.1% in the Supreme Court of India.
• There is only one woman among the 34 judges in the Supreme Court.
• Only one out of 25 High Courts is headed by a woman Chief Justice.
• Women constitute nearly 38% of judges in lower courts due to competitive examination selection processes.

Issues Highlighted

• The gender disparity in higher judiciary is attributed to the Collegium system, comprising predominantly male judges, which disadvantages women and marginalized groups.
• 20% of district court complexes in India lack separate toilets for women, impeding a conducive working environment.

Proposed Solutions

• Adoption of an All-India Judicial Service, akin to IAS and IPS examinations, proposed by President Droupadi Murmu during the Constitution Day function in November 2023.
• This service would enable merit-based and transparent recruitment, improving representation of underprivileged social groups.

Opposition and Counterarguments

• Concerns from the judiciary and the Bar regarding potential executive interference in judicial appointments, which are perceived as a threat to judicial independence.
• Counterargument: Successful competitive examinations for lower judiciary do not exhibit executive interference; thus, a similar approach for higher judiciary could enhance transparency and reduce biases.

Constitutional Reference

• Article 312 of the Constitution allows Parliament to establish new All-India Services, including the proposed All-India Judicial Service, aiming for uniformity in recruitment and training.

Economic and Social Affirmative Action

• Diverse candidate profiles in UPSC examinations (2024):
  • 318 from OBC
  • 160 from SC
  • 87 from ST
  • 109 from EWS
  • 11 out of top 25 candidates were women; first two ranks secured by women.
• In the Police Service (IPS), 54 women joined in 2024, constituting 28% of that cohort.

Conclusion

• The establishment of an All-India Judicial Service could represent a significant step towards gender balance in the Indian judiciary.
• Enhancing transparency and creating opportunities for women and marginalized groups aligns with constitutional principles and can lead to more inclusive justice delivery.