Why in News

• With the retirement of Justice Sudhanshu Dhulia (August 2025), only one woman judge (Justice B.V. Nagarathna) remains in the Supreme Court out of 34 judges

• This stark gender imbalance has reignited debates on diversity, representation, and inclusivity in India’s top court

About Gender Imbalance in the Supreme Court of India

What it is

• Refers to the gross under-representation of women in the SC, despite constitutional guarantees of equality (Articles 14, 15, 16)

Current Status

• Since 1950: only 11 women judges appointed (3.8% of 287)

• Present: just 1 out of 34 judges is a woman

• First woman judge: Justice Fathima Beevi (1989)

• Women judges usually have shorter tenures due to late appointments, reducing chances of becoming Chief Justice of India

Causes of Gender Imbalance

• Structural barriers – Collegium does not prioritise gender in appointments

• Societal factors – Gender stereotypes discourage women from leadership in law

• Institutional inertia – Late elevations restrict tenure and entry into Collegium

• Barriers from the Bar – Very few women Senior Advocates elevated directly (only Justice Indu Malhotra)

• Opaque processes – Collegium lacks transparency, making selection exclusionary

Challenges in Correcting Imbalance

• Opaque collegium system, with no written diversity policy

• Seniority and tenure norms restrict elevation of women judges

• Male-dominated legal culture at High Courts and Bar limits pipeline

• Gender not treated as a key criterion unlike caste, religion, or region

• Absence of accountability to ensure representation

Implications of Gender Imbalance

On Judiciary

• Narrow perspectives in judgments

• Weakens legitimacy and inclusivity

• Missed jurisprudential growth in gender justice and equality cases

• Short tenures deny leadership roles and Collegium influence

On Society

• Trust deficit in judiciary’s sincerity towards equality

• Few role models for aspiring women lawyers

• Violates constitutional morality (Articles 14 & 15)

• Judiciary fails to mirror India’s gender diversity → democratic deficit

Way Forward

Institutional Reforms

• Mandate gender diversity in Collegium resolutions

• Ensure transparent appointment criteria with public disclosure

Pipeline Development

• Increase appointments of women in High Courts

• Mentorship and structured promotion of women from the Bar

Policy Anchoring

• Adopt a written diversity policy (as suggested by 2nd ARC)

• Embed constitutional morality in appointments

Global Lessons

• Canada and UK actively pursue diversity in apex courts

• India can adopt similar institutionalised approaches

Conclusion

• The SC’s credibility as custodian of equality rests not just on judgments but also its composition

• Bridging the gender gap is an ethical imperative and constitutional necessity, not tokenism

• A representative judiciary strengthens public trust and ensures more inclusive justice