Gender Imbalance in Indian Supreme Court

Summary:

The article discusses the significant gender imbalance in the Supreme Court of India, particularly highlighted by the retirement of Justice Sudhanshu Dhulia on August 9, 2025, which left two vacancies that were not filled by female appointees. Justice B.V. Nagarathna stands as the only woman among the 34 judges of the Supreme Court, raising concerns over the lack of women judges and the procedures governing judicial appointments in India.

• Current Appointment Scenario:

  • Only 11 women have been appointed to the Supreme Court since its inception in 1950, representing a mere 3.8% of the total 287 judges.
  • The latest appointments were on August 29, 2025, when Justices Vipul Pancholi and Alok Aradhe were sworn in, disregarding dissent from Justice Nagarathna who sought seniority and regional representation to be considered.

• Historical Context:

  • Justice Fathima Beevi was the first woman appointed to the Supreme Court on October 6, 1989, followed by several other women until the last batch in 2021.
  • The representation of women has seen peaks, but often falls short of reflecting a balanced judiciary, especially in terms of caste diversity, as no woman from Scheduled Castes or Scheduled Tribes has been appointed.

• Appointment Process:

  • The current procedure involves the Chief Justice of India (CJI) consulting with a Collegium of the four seniormost judges, with final recommendations reaching the President of India through the Law Minister.
  • There is a noted lack of transparency and clarity in the criteria for appointments, which have historically included caste, religion, and regional representation, but not gender.

• Bar Representation:

  • There is a stark disparity with only one woman (Justice Indu Malhotra) directly appointed from the Bar, while nine male judges have received such elevation. The pathways into the judiciary for women lawyers seem to be obstructed.

• Impact of Gender Disparity:

  • Women judges often have shorter tenures, limiting their rise within the ranks, and thus impacting their inclusion in the Collegium and potential appointment as CJI.
  • Justice Nagarathna will serve as the first woman CJI for only 36 days (September 24 to October 29, 2027).

• Calls for Institutional Reforms:

  • The article advocates for institutionalized criteria that ensure gender representation in judicial appointments.
  • The Supreme Court has called for increased participation of women in legal roles, reflected in mandates for women's representation in Bar associations but lacks a similar enforceable framework for the judiciary itself.

• Need for Diversity:

  • Women judges contribute unique insights drawn from personal and professional experiences, enriching the decision-making processes in the Court.
  • A diverse judiciary enhances public trust and ensures the legal system serves all sections of society.

In conclusion, the article emphasizes that the Supreme Court's commitment to gender equality will only be realized through substantial representation of women on the Bench. The current judiciary's lack of gender diversity poses a challenge to its constitutional mandate and credibility.

• Key Points:
  • The Supreme Court currently has only one female judge, Justice B.V. Nagarathna.
  • A total of 11 women have served in the Court since its establishment in 1950.
  • The appointment process lacks transparency and does not prioritize gender representation.
  • Institutional reforms are recommended to ensure that gender diversity is as crucial as other forms of representation in judicial appointments.