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Gender Gap in Higher Judiciary: Breaking the Glass Ceiling

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The gender disparity in India’s higher judiciary has recently garnered significant attention. Despite various calls for reform and inclusivity, the appointment of women judges remains sluggish. With Justice Bela Trivedi set to retire in June 2025, the Supreme Court will be left with only one woman judge, further highlighting the lack of female representation at the highest level of India’s judiciary. The gender imbalance extends beyond the Supreme Court, High Courts across the country continue to witness an abysmally low percentage of women judges, with some courts having none at all.

This issue raises crucial concerns about judicial diversity, representation, and inclusivity in decision-making processes, as a judiciary that lacks gender balance may fail to adequately address gender-sensitive legal matters. Addressing this disparity is no longer just a matter of fairness but a necessity for upholding constitutional values and justice for all.

Table of Contents:

  1. Introduction

  2. Current Status of Women in the Higher Judiciar

  3. Challenges Hindering Women’s Representatio

  4. Global Perspective on Gender Representation in Judiciary

  5. Steps Toward Achieving Gender Equality in the Judiciar

  6. Conclusion

 
1. Introduction:

The participation of women in India’s legal profession has witnessed significant progress over the years. However, the higher judiciary remains a male-dominated sphere, with women struggling to break the proverbial glass ceiling. Despite an increasing number of women entering law schools and lower courts, their representation in High Courts and the Supreme Court remains strikingly low. This disparity raises concerns about gender equality, diversity, and inclusivity in judicial appointments.

 

2. Current Status of Women in the Higher Judiciary

 

Supreme Court:

  • Out of the total strength, there are only two women judges (Justice B.V. Nagarathna and Justice Bela Trivedi).

  • With Justice Trivedi’s retirement in June 2025, only one woman judge will remain in the Supreme Court.

  • The last woman judge was appointed in 2021.

  • In 75 years, the Supreme Court has elevated 28 judges directly from the Bar, but only one was a woman.

High Courts:

  • Women constitute only 14.27% of High Court judges (100 out of 704).

  • Eight High Courts have just one woman judge, while four have none.

  • Allahabad High Court (the largest High Court) has only three women judges (2%).

  • The only woman Chief Justice currently serves in Gujarat High Court.

  • Women judges are appointed at a later age than their male counterparts (average age: men – 51.8 years, women – 53 years).

 

3. Challenges Hindering Women’s Representation

 

1. Opaque Appointment Process

The Collegium system, responsible for judicial appointments, operates without a clear set of eligibility criteria or transparent selection mechanisms. This lack of transparency results in subjective decision-making, often influenced by existing gender biases.

 

2. Systemic Inequality in the Legal Profession

  • Women in law are perceived as less competent than their male counterparts, often leading to biases against their elevation to higher positions.

  • Higher scrutiny and harsher evaluations discourage women from aspiring to leadership roles in the judiciary.

  • The legal profession remains male-dominated, with an entrenched ‘old boys’ club’ mentality that restricts the entry and progress of women.

 

3. Government’s Non-Confirmation of Women Judges

  • Between 2020 and 2023, nine women were recommended for High Court appointments, but only six were confirmed.

  • Delays in confirmations and arbitrary rejections further discourage women from pursuing elevation to the higher judiciary.

 

4. Lack of Role Models and Mentorship

  • With few women in senior judicial positions, young female lawyers lack mentorship and guidance.

  • The absence of female judges in leadership positions results in a weak support system for aspiring women judges.

 

5. Work-Life Balance & Gendered Expectations

  • Women often face societal expectations regarding family responsibilities, making it harder for them to commit to long hours and networking essential for judicial elevation.

  • Maternity and caregiving duties create professional breaks, affecting career trajectories.

 

4. Global Perspective on Gender Representation in Judiciary;

While India struggles with gender disparity in the higher judiciary, many countries have implemented measures to ensure better representation:

  • United States: Women comprise over 30% of the Supreme Court.

  • United Kingdom: The Supreme Court has four female justices out of twelve.

  • Canada: Nearly half of its Supreme Court judges are women.

  • South Africa: Women hold more than 40% of High Court positions.

 

5. Steps Toward Achieving Gender Equality in the Judiciary

 

1. Transparent Appointment Process

  • The Collegium system must adopt merit-based and transparent criteria.

  • Judicial appointments should follow a structured approach ensuring diversity in selections.

 

2. Institutionalizing Gender Diversity Quotas

  • At least one-third of judicial positions should be reserved for women to achieve fair representation.

  • Similar steps have proven effective in corporate boardrooms and political representation.

 

3. Encouraging Women at the Bar

  • More women should be elevated from the Bar directly to the higher judiciary.

  • Law firms, courts, and institutions should foster inclusive policies to retain women in the profession.

 

4. Sensitization Programs & Bias Reduction

  • Gender sensitization workshops for judges and lawyers can help eliminate biases.

  • Awareness campaigns should promote equal opportunities for both genders in legal practice.

 

5. Infrastructure & Policy Support

  • Courts should ensure women-friendly infrastructure, including separate restrooms, child care facilities, and safety measures.

  • Parental leave policies should be inclusive and gender-neutral, encouraging men to take equal responsibility.

 

6. Increasing Women in Leadership Positions

  • Senior women lawyers should be encouraged to take on leadership roles in the legal community.

  • Bar Councils and legal institutions should promote mentorship programs for young female lawyers.

 

6. Conclusion:

The gender gap in India’s higher judiciary is not merely a statistic but a reflection of deep-seated systemic barriers that hinder women’s advancement. Despite proving their competence, women continue to face obstacles in reaching leadership positions in the judiciary. Addressing this imbalance is not just about fairness—it is about ensuring a more inclusive, diverse, and representative judiciary that serves justice equitably.

Bridging this gap requires a collective effort from the judiciary, government, legal fraternity, and society. Only by breaking the structural and societal barriers can we move towards a judiciary that truly represents the diverse fabric of India. The road ahead is challenging, but with determined efforts, the glass ceiling can be shattered once and for all.