Model Answer
0 min readIntroduction
The Indian judiciary, often hailed as the guardian of the constitution, has historically been a male-dominated institution. While the legal profession has seen increasing participation of women, their representation in the higher judiciary – the High Courts and the Supreme Court – remains significantly low. As of January 2024, women constitute a mere 11.5% of all High Court judges and only 3% of Supreme Court judges (based on knowledge cutoff). This under-representation raises concerns about diversity, equity, and inclusiveness, impacting the legitimacy and effectiveness of the justice delivery system. Increasing women’s representation is not merely a matter of numerical parity but a crucial step towards a more just and representative judiciary.
Current Scenario and Constitutional Basis
Article 14 of the Constitution guarantees equality before the law, and Article 21 ensures the right to life and personal liberty. A judiciary lacking diversity can potentially compromise these fundamental rights by failing to adequately consider the perspectives of all sections of society. The process of appointing judges, primarily through the Collegium system, has been criticized for its opacity and lack of diversity considerations. While there are no explicit constitutional provisions barring women from becoming judges, systemic biases and societal norms contribute to their under-representation.
Arguments for Greater Representation
Diversity and Legitimacy
- Broader Perspectives: Women judges bring different life experiences and perspectives to the bench, leading to more nuanced and comprehensive judgments. This is particularly crucial in cases involving gender-based violence, family law, and discrimination.
- Enhanced Public Trust: A diverse judiciary enhances public trust and confidence in the justice system, as it reflects the composition of the society it serves.
- Role Modeling: Increased representation inspires aspiring female lawyers and encourages them to pursue careers in the judiciary.
Equity and Inclusiveness
- Addressing Systemic Bias: A more inclusive judiciary can help address systemic biases within the legal system that may disadvantage women and other marginalized groups.
- Fairer Outcomes: Studies suggest that female judges are more likely to rule in favor of women in certain types of cases, demonstrating the impact of gender on judicial decision-making.
- Constitutional Mandate: While not directly stated, the spirit of Articles 14, 15, and 39 of the Constitution, promoting equality and social justice, supports the need for greater representation.
Impact on Justice Delivery
Case Study: The landmark Vishaka Guidelines (1997) on sexual harassment at the workplace were a direct result of judicial activism prompted by the lack of legislation. Had there been greater female representation on the bench earlier, the need for such guidelines might have been addressed proactively through legislation.
Challenges to Greater Representation
- Societal Barriers: Deep-rooted societal norms and gender stereotypes often discourage women from pursuing careers in law and the judiciary.
- Lack of Mentorship: Limited mentorship opportunities and networking support for women lawyers hinder their advancement.
- Work-Life Balance: The demanding nature of the judicial profession and the lack of adequate support for work-life balance can be particularly challenging for women.
- Collegium System: The opaque nature of the Collegium system and the lack of clear criteria for selection can perpetuate existing biases.
Possible Solutions
- Reservation: Implementing a reservation policy for women in the higher judiciary, similar to reservations in other public sectors, could ensure a minimum level of representation. However, this is a contentious issue with legal challenges.
- Transparent Selection Process: Making the Collegium system more transparent and accountable, with clear criteria for selection that prioritize diversity.
- Mentorship Programs: Establishing mentorship programs to support and guide aspiring female lawyers.
- Infrastructure Support: Providing adequate infrastructure support, such as creches and flexible work arrangements, to help women judges balance their professional and personal lives.
- Sensitization Training: Conducting sensitization training for judges and court staff on gender equality and inclusivity.
Conclusion
Greater representation of women in the higher judiciary is not merely a matter of fulfilling a quota but a fundamental necessity for ensuring a just, equitable, and inclusive justice system. While challenges exist, proactive measures such as transparent selection processes, mentorship programs, and supportive infrastructure can pave the way for a more diverse and representative judiciary. This will not only strengthen the legitimacy of the judiciary but also enhance the quality of justice delivered to all citizens, upholding the constitutional principles of equality and social justice.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.