Context:
The India Justice Report 2025 has once again highlighted the glaring under-representation of women in India’s higher judiciary. Despite progress in other public institutions, gender diversity in the Supreme Court and High Courts remains alarmingly low.
Current Status:
- Supreme Court: Women constitute only 3.1% of the total judges, with just one woman among 34 judges.
- High Courts: Women account for 14% of the total strength, with only one woman Chief Justice among 25 High Courts.
- The sole woman judge in the Supreme Court is expected to become the first woman Chief Justice of India, however, if no new appointments occur before her tenure ends, the apex court may once again have zero women representation.
Reasons for Under-Representation:
- The Collegium system—comprising the Chief Justice and senior judges—has been criticized for being an elitist, network-based structure, which limits access for women and marginalized groups.
- Lack of structural reforms and resistance to transparency have perpetuated this imbalance.
Proposed Reform – All-India Judicial Service (AIJS):
- The idea of creating an All-India Judicial Service has gained renewed traction, supported by President Droupadi Murmu in her 2023 Constitution Day address.
- The proposed system would introduce a merit-based, transparent, and competitive recruitment process for judicial appointments, similar to the IAS, IFS, and IPS.
- It aims to promote inclusivity by giving opportunities to women, OBCs, SCs, STs, and EWS candidates.
Constitutional Provision:
- Article 312 empowers Parliament to create new All-India Services, including the AIJS, ensuring uniform standards for recruitment, training, and service.
- Once established, the Supreme Court should retain control over the service, with the UPSC conducting exams in consultation with the judiciary.
