Higher Judiciary Requires Systemic Reforms to Ensure Gender Equity
Source:The Hindu ↗
Why It Matters
The representation of women in the higher judiciary is directly relevant to GS Paper 2 (Polity and Governance). UPSC has previously asked a direct question (in 2021) regarding the desirability of greater representation of women in the higher judiciary to ensure diversity and inclusiveness. Candidates need to understand the constitutional, institutional, and social factors hindering women's rise in the legal profession.
Summary
The article addresses the critical need for advancing gender equity within the Indian judiciary. It emphasizes that increasing female representation in the Supreme Court and High Courts goes beyond mere fairness—it is essential for ensuring diversity, inclusiveness, and a more empathetic jurisprudence. By examining the structural and systemic barriers that women face in the legal profession, including the opaque nature of appointments and inadequate institutional support, the author advocates for deliberate reforms. Dismantling these systemic inequalities is crucial to fostering a judiciary that truly reflects and serves the demographic realities of the nation.
Key Points
- The representation of women in the higher judiciary remains disproportionately low, necessitating urgent systemic and structural reforms.
- A diverse and inclusive bench ensures that varied life experiences and perspectives inform judicial reasoning, which is vital for delivering comprehensive gender justice.
- Structural barriers—such as the lack of transparent appointment processes, inadequate supportive infrastructure, and an entrenched patriarchal network—significantly impede women's upward mobility in the legal profession.
- Achieving true gender equity requires moving beyond token appointments to institutional changes, including conscious mentorship, sensitization, and addressing inequalities within the collegium system.
Important Terms
Collegium System
An extra-constitutional mechanism where the Chief Justice of India and a forum of senior-most judges recommend appointments and transfers to the higher judiciary.
UPSC context
GS Paper 2: Judicial appointments; critical for debates on judicial independence, transparency, and representation.
Supreme Court of India
The apex judicial body in India, established under Article 124, serving as the final court of appeal and guardian of the Constitution.
UPSC context
GS Paper 2: Structure, organization, and functioning of the Judiciary.
High Courts
The highest judicial authority at the state level (Articles 214-231), empowered to protect fundamental rights and oversee subordinate courts.
UPSC context
GS Paper 2: Judiciary; specifically tests state-level judicial administration and writ jurisdiction (Article 226).
Gender Jurisprudence
A legal framework that applies gender-sensitive perspectives to law and judicial rulings to ensure fairness and address systemic biases.
UPSC context
GS Paper 2: Social Justice; tests understanding of inclusive legal interpretation and protection of vulnerable sections.
All-India Judicial Service (AIJS)
A proposed centralized recruitment process for the lower judiciary (under Article 312) to improve merit-based selection and demographic diversity.
UPSC context
GS Paper 2: Judicial Reforms; tests potential solutions for transparency and representation in the judiciary.
Funnel Effect
A phenomenon where female representation is relatively high at entry-level positions but decreases sharply at higher levels of judicial leadership.
UPSC context
GS Paper 1 & 2: Role of women; tests structural barriers to female progression in professional hierarchies.
Prelims Trap
The Constitution mandates a minimum reservation for women in the appointment of judges to High Courts and the Supreme Court.
Articles 124 and 217 do not prescribe any reservations for women or marginalized sections in the higher judiciary. Diversity remains entirely dependent on collegium discretion.
Static Concepts Connected
How are judges appointed to the higher judiciary?
- Constitutional Basis: Articles 124 and 217 govern appointments to the Supreme Court and High Courts respectively, executed by the President.
- Collegium System: Evolved through the Three Judges Cases, it gives primacy to the judiciary in appointments but lacks formal guidelines for diversity.
- Absence of Quotas: There is no constitutional, statutory, or formal policy-based reservation for women or minorities in the higher judiciary.
Why do subordinate courts have higher female representation?
- Objective Recruitment: Unlike the discretionary Collegium, lower court judges are recruited through objective competitive exams conducted by State Public Service Commissions or High Courts.
- Constitutional Mandate: Articles 233 and 234 empower State Governors to make subordinate appointments, allowing for state-level affirmative action policies.
- State Reservations: Several states proactively provide horizontal reservations (e.g., 30-35%) for women in their provincial judicial services, directly boosting demographic parity.
Cross-Topic Patterns
Political vs. Judicial Representation
While the 106th Amendment secures legislative quotas for women, the lack of parallel structural mechanisms in the higher judiciary highlights uneven institutional empowerment across the state's pillars.
Feminist Jurisprudence & Ethics of Care
Increased female presence on the bench transforms legal interpretation of social issues, directly impacting GS1 and GS2 topics like domestic violence, sexual harassment, and reproductive autonomy.
Expect a GS2 Mains question contrasting the high female representation in lower courts with the opaque collegium's failure in higher courts.
Linked PYQs · 4
Linked PYQs · 4
- 2021MainsGS2
Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.
- 2023MainsGS2
Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.
- 2024MainsGS1
Distinguish between gender equality, gender equity and women's empowerment. Why is it important to take gender concerns into account in programme design and implementation?
- 2025MainsGS2
Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA.
