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A CLPR report reveals significant gender disparities in India's higher judiciary, with women judges facing delayed appointments and shorter tenures, limiting their rise to senior positions. Experts advocate for transparent, merit-based reforms to promote judicial diversity.
Despite an increasing number of women entering the legal profession, significant gender disparities persist in India's higher judiciary. A recent report by the Centre for Law and Policy Research (CLPR), titled "Equal Justice: Addressing the Gender Gap in the Higher Judiciary in India," sheds light on systemic biases hindering women's advancement to senior judicial positions.
The report reveals that women judges in the Supreme Court are appointed, on average, at 60.5 years of age, while their male counterparts are appointed at 59.5 years. This seemingly minor difference results in women serving approximately one year less than men—4.4 years compared to 5.4 years. Nithya Rhea Rajshekar, a senior research associate at CLPR, emphasized that in the context of Supreme Court tenures, which average around five years, a one-year difference is substantial. This shorter tenure limits women's opportunities to ascend to senior ranks, including positions within the collegium.
A notable example is Justice BV Nagarathna, poised to become the first woman Chief Justice of India in 2027. However, her tenure is projected to last only 36 days, raising concerns about the timing of her appointment and its implications for women's leadership in the judiciary.
The disparity extends to high courts, where the average appointment age is 51.8 years for men and 53.1 years for women. In certain high courts, women are appointed over three years later than men on average. Alarmingly, 15 out of 25 high courts have never had a woman serve as chief justice, indicating a significant gender gap in judicial leadership.
Aparna Chandra, a professor at the National Law School of India University, highlighted that the collegium system predominantly selects high court chief justices for Supreme Court appointments. Since 1993, 86% of such appointments have come from this pool, compared to 53% under the previous executive system. This practice limits opportunities for judges from the lower judiciary, disproportionately affecting women, who often face additional barriers, including older ages at appointment and the necessity to serve as chief justice in multiple high courts before consideration.
The opaque nature of judicial appointments exacerbates these issues. Ranjin Tripathy, a professor at National Law University Odisha, called for greater transparency, advocating for publicly available data on collegium decisions, including appointments and rejections, at both Supreme Court and high court levels.
The CLPR report underscores the need for systemic reforms to address gender disparities in the judiciary. Recommendations include:
Addressing these challenges is crucial for fostering a more inclusive and representative judicial system in India. Comprehensive reforms targeting appointment processes, infrastructural support, and institutional attitudes are essential to bridge this gap and promote equality in India's higher judiciary.
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