Gender Quota in the Judiciary 

Source: Indian Express
GS I: Role of Women

Overview

1. News in Brief
2. Current Status Of Women In The Supreme Court
3. Glass Ceiling In The Judiciary
4. Need for Gender Quota
5. Suggested Reforms

Why in the News?

Justice V. Mohana was recently appointed as a judge of the Supreme Court.

News in Brief

• For women lawyers to become judges of the Supreme Court of India is a glass ceiling.
• The appointment of Justice V. Mohana has highlighted the low representation of women in India’s higher judiciary.
• It has renewed the call for gender quotas to ensure equitable representation.

Current Status Of  Women In The Supreme Court

• Justice V. Mohana became only the second woman lawyer directly elevated from the Bar to the Supreme Court.
• Women continue to face significant barriers in reaching the highest levels (Glass Ceiling) of the legal profession.
• The Supreme Court has historically appointed several male judges directly from the Bar, many of whom later became Chief Justices of India.
• Justice Indu Malhotra, the first woman directly elevated from the Bar in 2018, had a relatively short tenure and did not become part of the Collegium.

Glass Ceiling In The Judiciary

• Women’s representation in the Supreme Court remains disproportionately low.
• Despite increasing participation of women in legal education and practice, their presence in higher judicial positions remains limited.
• Structural barriers and institutional biases continue to hinder advancement.

Need for Gender Quota

• A gender quota can accelerate progress toward a more inclusive judiciary.
• Greater diversity can improve public confidence and institutional legitimacy.
• Judicial appointments in the Supreme Court already consider representation from different High Courts.
• Similar affirmative measures can be adopted for gender representation.

International Examples of Gender Quotas

South Africa

• Section 174(2) of the Constitution mandates that the judiciary reflect the country’s racial and gender composition.
• Six of the eleven judges of the Constitutional court are Women.
• South Africa also has a woman Chief Justice.

Belgium

• In 2014, Belgium amended its constitutional court law to introduce a gender quota.
• At least one-third of judges must belong to each gender.
• Once the threshold was achieved, every third appointment had to be a woman.
• Belgium’s Constitutional court also uses linguistic and professional quotas.

Comparative Representation of Women in Apex Courts

Country                                Women Judges (%)

South Africa                                  54.5%

Canada                                             50%

Belgium                                            50%

Germany                                          50%

United States                                 44.4%

Australia                                           42.85%

France                                                33.33%

Singapore                                         24%

India                                                     5.4%

Nepal                                                   17%

United Kingdom                            17%

Suggested Reforms

• Ensure at least 33.3% representation of women in the Supreme Court and High Courts.
• Introduce a formal policy requiring periodic appointment of women judges.
• Consider Constitutional amendments to Articles 124 and 217 to mandate diversity in judicial appointments.
• Increase representation of women from marginalized communities, including SC, ST, OBC, and minority groups.
• Adopt the Belgium model where, after a specified number of male appointments, the next appointment is reserved for a woman until representation targets are achieved.

Conclusion

• India needs a structured roadmap to increase women’s representation in the higher judiciary.
• Alongside merit-based appointments, targeted measures and institutional reforms can help achieve a more representative and inclusive judicial system.

UPSC Prelims Practice Question

Consider the following statements regarding Women’s representation in the Judiciary

1. 1. Justice Indu Malhotra was the first woman to be directly elevated from the Bar to the Supreme Court.
   2. Women constitute a relatively small proportion of judges in the Supreme Court of India.
   3. The Constitution currently mandates a minimum quota for women judges in the Supreme Court.

Which of the statements given above are correct?

a)1 and 2 only

b)2 and 3 only

c) 1 and 3 only

d) 1,2 and 3

Answer: a) 1 and 2 only

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