On International Women's Day, Chief
Justice of India Surya Kant urged High Court collegiums nationwide to actively
prioritize women advocates for judicial appointments, making their
consideration a standard practice rather than an occasional exception. Speaking
at the inauguration of the International Women in Law Conference, organized by
Senior Advocates Mahalaxmi Pavani and Shobha Gupta under the theme “Half the
Nation, Half the Bench,” the CJI stressed the urgent need for concrete measures
to enhance women's representation on the Bench. He emphasized that the time for
deliberate and measured action is the present, not some distant future. When
qualified women are available at the Bar, their inclusion should become the
norm.
The CJI specifically appealed to High
Court collegiums to expand their scope of consideration and include women
advocates from their respective states who are practicing in the Supreme Court.
He cautioned against mechanically rejecting suitable candidates solely because
they do not strictly meet prescribed age limits. In cases where qualified women
within the typical age bracket are not readily available in certain High
Courts, this should not serve as an insurmountable obstacle. Instead,
collegiums should broaden their horizons to encompass such advocates practicing
at the apex court.
Reflecting on the historical struggles
of women in the legal profession, the Chief Justice recalled that barely a
century ago, under colonial rule, women were barred from even practicing law.
The progress achieved since then stems not from concessions but from consistent
demonstrations of competence amid persistent doubt and resistance. Invoking the
words of Justice Fathima Beevi, India's first woman Supreme Court judge, he
noted that her appointment symbolically opened a door in 1989, and that door
must remain open and continue to widen. When half of India's population sees
limited reflection of itself in the judiciary, it poses a serious institutional
concern. Women's presence on the Bench should evolve from individual
achievements into an established institutional norm.
Encouraging developments are already
visible, the CJI observed. Currently, two women serve as Chief Justices of High
Courts, with the number set to rise to three following Justice Lisa Gill's
elevation. He commended the Punjab and Haryana High Court for having 18 sitting
women judges, while also highlighting substantial representation in the Madras
and Bombay High Courts. Particularly noteworthy is the district judiciary,
where women constitute approximately 37% of judges. This strong foundation at
the grassroots level signals that greater inclusion higher up is inevitable
with time, provided the pipeline is nurtured from its source. A narrow base at
entry levels inevitably restricts breadth at senior positions.
The CJI underscored that including women
judges does not change the core of justice—the Constitution, the oath, and the
office remain unchanged. However, women bring valuable lived experiences that
enrich judicial understanding and adjudication. He acknowledged the
disproportionate gender-based challenges women lawyers face, from late-night
briefings to unreported biases, yet many have thrived through belief in the
profession's ethos. The visibility of women judges inspires younger
generations, making aspirations feel achievable.
Addressing merit concerns, the Chief
Justice clarified that advocating for greater representation is about ensuring
a fair starting line, not preferential treatment. Women seek equality, not
concessions, and male members of the Bar must recognize this. He concluded by
stressing that institutional intent alone is insufficient; it must be backed by
tangible action to build a robust architecture of opportunity. He also
referenced Supreme Court directives mandating at least one-third women's
representation in Bar Councils and Associations as part of these efforts.