The Supreme Court Bar Association (SCBA) has once again highlighted the urgent need for greater gender diversity in India’s higher judiciary, pointing to the disproportionately low representation of women judges in the Supreme Court and the High Courts. In a resolution passed on August 30, 2025, the SCBA expressed serious concern over the fact that several High Courts—including Uttarakhand, Tripura, Meghalaya, and Manipur—currently have no women judges at all.
This issue is not just about numbers; it reflects the need for equitable representation, strengthening public trust, and enriching judicial perspectives in a democracy where gender equality is a constitutional principle.
Current Gender Representation in the Higher Judiciary
The SCBA’s resolution provides a stark snapshot of the gender imbalance in India’s higher judiciary:
- Total sanctioned posts in High Courts: ~1100
- Occupied by men: 670
- Occupied by women: 103
At the Supreme Court, the situation is equally concerning. Since 2021, no woman judge has been appointed, leaving Justice B.V. Nagarathna as the only woman judge on the apex court bench.
Such disparity not only affects the institutional image of the judiciary but also limits diverse perspectives in judicial decision-making. Public confidence in judicial institutions depends, in part, on their ability to reflect the diversity of the society they serve.
SCBA’s Advocacy for Women in Judiciary
The SCBA has consistently pushed for proportional representation of women judges in higher judicial appointments. Its President, Senior Advocate Vikas Singh, had earlier written to the Chief Justice of India on May 24, 2025, and July 18, 2025, urging consideration of gender balance in appointments.
In its latest resolution, the SCBA emphasized that gender diversity is not a matter of tokenism, but a critical requirement for fair and inclusive justice. The association urged the Collegium to consider the appointment and elevation of more women judges in the upcoming rounds of judicial selections for both the Supreme Court and the High Courts.
The Importance of Gender Balance in Judiciary
Gender diversity in the judiciary goes beyond representation; it impacts the quality of justice delivery. Studies have shown that diverse benches produce more nuanced and empathetic judgments, particularly in cases involving gender, child rights, and social justice. Women judges bring distinct perspectives that enrich judicial reasoning and ensure that the judiciary mirrors the population it serves.
Some key reasons why gender balance is essential include:
- Enhancing Public Confidence: A judiciary that reflects society’s diversity strengthens citizens’ trust in legal institutions.
- Inclusive Decision-Making: Different life experiences among judges contribute to more holistic and balanced judgments.
- Role Modelling: Women judges serve as role models, encouraging more women to pursue legal careers and aspire to judicial positions.
- Reducing Gender Bias: Greater representation of women in judicial roles helps address implicit gender biases in law interpretation and enforcement.
High Courts With Zero Women Judges
The SCBA’s report revealed an alarming fact: some High Courts have no women judges, including:
- Uttarakhand High Court
- Tripura High Court
- Meghalaya High Court
- Manipur High Court
This highlights regional disparities in gender representation and underscores the need for systematic reforms in judicial appointments to ensure equitable opportunities for women across all states.
Controversies in Recent Appointments
The call for gender diversity comes amid controversy surrounding the appointment of Justice Vipul Pancholi to the Supreme Court, where questions arose as to why he was preferred over at least three senior women judges. This incident has intensified the debate about the criteria used by the Collegium and the need for greater transparency in judicial appointments.
The SCBA’s resolution insists that future appointments must prioritize inclusivity, and merit-based selections should also consider proportional representation of women in the higher judiciary.
Steps Recommended by SCBA
To address gender imbalance, the SCBA has recommended several steps:
- Urgent Consideration by Collegium: The Chief Justice of India and Collegium must prioritize women candidates in upcoming appointments.
- Proportional Representation: Women should be appointed in numbers that reflect their contribution and potential in the legal profession.
- Addressing Regional Imbalances: High Courts with zero or very few women judges should be given special attention in judicial selections.
- Transparency in Appointment Process: Clearer criteria and communication about judicial appointments can help prevent biases and ensure fairness.
The SCBA has made it clear that gender diversity is essential not only for fairness but also for maintaining the credibility and legitimacy of the judiciary.
International Perspective on Women in Judiciary
Globally, countries with higher representation of women in judicial positions demonstrate that inclusive benches lead to better governance and more equitable legal outcomes. For instance:
- Norway and Sweden have nearly 50% women in higher courts, contributing to more balanced judicial reasoning.
- Canada and the UK actively monitor gender representation in their judicial appointments to ensure inclusivity.
India, with its constitutional commitment to equality, must follow suit and make deliberate efforts to reduce gender disparity in the judiciary.
Concluding Thoughts
The SCBA’s latest resolution serves as a wake-up call for the Indian judiciary. The underrepresentation of women in higher courts is not merely a statistic—it has real implications for justice delivery, public confidence, and societal trust.
Ensuring that women judges are adequately represented in both the Supreme Court and High Courts is essential for:
- Strengthening democracy
- Reflecting societal diversity
- Enhancing judicial decision-making quality
- Promoting gender equality in law and justice
The SCBA’s call for action is timely and necessary. It underscores that India’s judiciary must move beyond tokenism and adopt structural measures to ensure proportional representation of women judges. As the legal community awaits the next round of appointments, the focus on gender inclusivity remains a critical benchmark for evaluating the judiciary’s commitment to equality and justice.
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