Women’s Representation in India’s Higher Judiciary

The India Justice Report 2025 reveals a glaring gender imbalance in India’s higher judiciary. Women make up only 14% of High Court judges and a mere 3.1% of Supreme Court judges. Among the 34 Supreme Court judges, only one is a woman. She is poised to become the first woman Chief Justice of India. However, if no new women judges are appointed before her retirement, the Supreme Court may lack any female representation. Only one of the 25 High Courts is currently led by a woman Chief Justice. Despite repeated calls for change, the gender gap remains stark.

Current Scenario of Women in Judiciary

Women are vastly underrepresented in the higher judiciary. The Supreme Court has just one woman judge, while High Courts have only 14% women judges. Leadership roles for women are even rarer. This underrepresentation contrasts sharply with the lower judiciary, where women constitute nearly 38% of judges. The disparity marks systemic barriers in judicial appointments at higher levels.

Role of the Collegium System

The Collegium system controls appointments to the High Courts and Supreme Court. It consists of the Chief Justice and senior judges. This closed network favours established elites and disadvantages women and marginalised groups. The system lacks transparency and perpetuates bias. This elitist structure is a primary cause of gender imbalance in the higher judiciary.

Lower Judiciary and Competitive Exams

Lower judiciary appointments are made through open competitive exams. These exams provide equal opportunity to men and women. As a result, women’s representation is higher at this level. However, many district courts lack gender-friendly infrastructure, such as separate toilets for women. Improving facilities and promotion prospects could increase women’s numbers further.

Need for an All-India Judicial Service

Experts and leaders have proposed creating an All-India Judicial Service. This service would recruit judges through a merit-based, transparent, national-level exam. President Droupadi Murmu endorsed this idea, denoting its potential to include underrepresented groups. Such a system could reduce bias and patronage in judicial appointments. However, the judiciary and Bar oppose it, fearing executive interference and loss of autonomy.

Lessons from the UPSC Model

The Union Public Service Commission (UPSC) conducts fair, transparent exams for civil services. Its results show diversity in social backgrounds and gender. In 2024, women secured 11 of the top 25 ranks in the UPSC Civil Services exam. Women also made up 28% of the new Indian Police Service officers. The UPSC model demonstrates how competitive exams can promote inclusivity and meritocracy.

Constitutional Provisions and Future Steps

Article 312 of the Constitution allows Parliament to create new All-India Services, including a Judicial Service. This service should be controlled by the Supreme Court. The UPSC should conduct the recruitment exam based on criteria set by the judiciary. Selected judges would receive training and serve under the Supreme Court or respective High Courts. This reform could bring impartiality, transparency, and diversity to the higher judiciary.

Infrastructure and Gender Sensitivity

Gender-friendly infrastructure in courts is crucial. Reports show 20% of district courts lack separate toilets for women. Improving such facilities is necessary to encourage women’s participation. Better infrastructure supports a safer and more inclusive working environment.

Judicial Autonomy and Public Participation

Concerns about executive interference must be weighed against the need for transparency. The public has a stake in a fair judiciary. Opening the selection process can prevent patronage and promote a more representative judiciary. Justice is too important to be left solely to an insular group.

Questions for UPSC:

1. Critically discuss the impact of the Collegium system on judicial appointments in India and suggest reforms for enhancing transparency and inclusivity.
2. Examine the role of the Union Public Service Commission (UPSC) in promoting diversity through competitive examinations with examples from civil services recruitment.
3. Discuss in the light of gender representation in public institutions, the challenges and solutions for increasing women’s participation in India’s judiciary and administration.
4. Analyse the constitutional provisions under Article 312 for creating All-India Services and evaluate their significance in ensuring uniform standards across services.

Answer Hints:

1. Critically discuss the impact of the Collegium system on judicial appointments in India and suggest reforms for enhancing transparency and inclusivity.

1. The Collegium system is a closed network of senior judges controlling appointments, leading to opacity and lack of accountability.
2. It perpetuates elitism, favouring established insiders and marginalising women and underprivileged groups.
3. Lack of clear criteria and public scrutiny results in bias, nepotism, and limited diversity in higher judiciary.
4. Reforms could include instituting a transparent, merit-based national-level selection process for judges.
5. Introducing an All-India Judicial Service with UPSC-conducted exams can reduce patronage and increase inclusivity.
6. Judicial autonomy concerns can be addressed by Supreme Court oversight of recruitment standards and processes.

2. Examine the role of the Union Public Service Commission (UPSC) in promoting diversity through competitive examinations with examples from civil services recruitment.

1. UPSC conducts transparent, merit-based exams open to all Indians, ensuring equal opportunity.
2. Recruitment results show representation of OBC, SC, ST, EWS, and women candidates.
3. In 2024, women secured 11 of the top 25 ranks in Civil Services, illustrating gender inclusivity.
4. The Indian Police Service saw women comprise 28% of new entrants, reflecting growing female participation.
5. UPSC’s model balances meritocracy with social diversity and can be a template for judicial recruitment.
6. Its independent status protects the process from political or executive interference, ensuring fairness.

3. Discuss in the light of gender representation in public institutions, the challenges and solutions for increasing women’s participation in India’s judiciary and administration.

1. Women face systemic barriers in higher judiciary due to opaque appointment processes like the Collegium system.
2. Lower judiciary has better gender balance (38%) due to open competitive exams, showing the impact of transparent recruitment.
3. Infrastructure deficits, such as lack of separate toilets in courts, discourage women’s participation.
4. Creating an All-India Judicial Service with merit-based exams can improve women’s representation at senior levels.
5. Improving promotion pathways and gender-sensitive workplace facilities are essential for retention and growth.
6. Leadership endorsements (e.g., President Murmu) and policy reforms can accelerate gender inclusivity in public institutions.

4. Analyse the constitutional provisions under Article 312 for creating All-India Services and evaluate their significance in ensuring uniform standards across services.

1. Article 312 empowers Parliament to create new All-India Services for uniform recruitment, training, and service conditions.
2. All-India Judicial Service can be established under this to standardize judicial appointments nationwide.
3. Such services promote meritocracy, transparency, and equal opportunity across states and institutions.
4. Centralized recruitment via UPSC ensures impartiality and reduces regional or political biases.
5. Control and training under the Supreme Court maintain judicial independence and professional standards.
6. Uniform standards enhance efficiency, diversity, and accountability in public services, benefiting governance.