GS Paper 2 10 marks · 150w 9 min Medium
Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.
Subtopic: Judiciary · representation & diversity in higher judiciary
How to structure your answer
Introduction: only 11 women Supreme Court judges since 1950, ~14% in High Courts → Diversity enriches adjudication in gender-linked cases → Legitimacy and public trust in a representative bench → Constitutional equality and the pipeline/role-model effect → Measures: collegium criteria, elevating women district judges → Conclusion: make diversity institutional, not episodic
Detailed model answer
199 words · target 150 words · 9 min
A skewed bench
Since 1950 the Supreme Court has had only eleven women judges, beginning with Justice Fathima Beevi in 1989; women form roughly 14 per cent of High Court judges, and India is yet to have a woman Chief Justice — Justice B.V. Nagarathna is in line to become the first, in 2027, for barely over a month.
Why greater representation is desirable
- Diversity improves adjudication: varied life experiences enrich judicial reasoning, especially in cases involving sexual violence, family law and workplace discrimination.
- Legitimacy and trust: a bench mirroring society commands greater public confidence; former CJI N.V. Ramana publicly endorsed 50 per cent representation for women in the judiciary.
- Equality as constitutional value: Articles 14 and 15 lose moral force if the very institution interpreting them remains unrepresentative; India's CEDAW commitments point the same way.
- Pipeline effect: women judges inspire women lawyers and district judges — women already form over a third of the subordinate judiciary but thin out sharply at higher levels.
Conclusion
Greater representation should come through deliberate collegium attention — transparent criteria that treat diversity as a relevant consideration, timely elevation of senior women district judges and designation of more women senior advocates — so that diversity on the bench ceases to be episodic and becomes institutional.
What an examiner expects to see
- Anchor with data: only 11 women Supreme Court judges since 1950; about 14% women among High Court judges; over a third of the district judiciary is female
- Diversity argument: representative benches enrich adjudication in sexual-violence, family and discrimination cases
- Legitimacy argument: a bench mirroring society deepens public trust; CJI Ramana's call for 50% representation is a ready quote
- Constitutional argument: Articles 14 and 15 and CEDAW obligations demand an inclusive interpreting institution
- Pipeline and role-model effect: women on top courts pull more women up through the profession
- Way forward: transparent collegium criteria, timely elevation of senior women district judges, more women designated senior advocates
Concrete cases, schemes and judgments
- Justice Fathima Beevi — first woman Supreme Court judge (1989)
- 2021: Justices Hima Kohli, B.V. Nagarathna and Bela Trivedi appointed together; Justice Nagarathna slated to be the first woman CJI in 2027
- Former CJI N.V. Ramana's endorsement of 50% representation for women in the judiciary
- Women exceed a third of the district judiciary but form roughly 14% of High Court judges
Terminology to weave into the answer
judicial diversitycollegium systemrepresentative benchgender-sensitive jurisprudenceinclusiveness