Women's Under-Representation in India's Higher Judiciary

Women's participation in India's higher judiciary remains low, with women making up only 14% of High Court judges and 3.1% of Supreme Court judges. As of recent reports, the Supreme Court has only one female judge among its 34 members. A promising development is the potential elevation of this female judge as the first woman Chief Justice of India. However, the absence of any woman judges before her tenure ends would be a significant setback.

Current Challenges and Systemic Issues

• The Collegium system, which includes the Chief Justice and other senior judges, is a major factor in the gender imbalance because it operates as a networked 'elitist club'.
• Women are better represented in lower courts, where they account for 38% of judges due to competitive examinations that equally open opportunities for both genders.
• Infrastructure issues, such as 20% of district court complexes lacking separate toilets for women in 2023, also contribute to the problem.

Proposed Solutions for Greater Inclusion

To address this gender gap, it is suggested to introduce an All-India Judicial Service, akin to services like the IAS, IFS, and IPS. This proposition has garnered support, including from President Droupadi Murmu, who advocated for a merit-based, competitive, and transparent recruitment process.

Resistance and Counterarguments

• There is opposition from the judiciary and the Bar, citing fears of executive interference and dilution of judicial autonomy. However, proponents argue that competitive exams for the lower judiciary have not led to such issues, suggesting similar processes for higher judiciary could promote transparency and inclusivity.

Advantages of a National-Level Competitive Examination

• The UPSC Civil Services examination demonstrates diversity in successful candidates' backgrounds, with significant representation from various social groups and women securing top ranks.
• Article 312 of the Constitution allows for the creation of new All-India Services, which could include a judicial service to ensure uniform recruitment and service standards.

Implementation and Oversight

The proposed All-India Judicial Service should be under the control of the Supreme Court, with the UPSC conducting open examinations. These would be based on criteria set by the Supreme Court in consultation with High Courts. Successful candidates would undergo comprehensive training and work under the respective High Courts or the Supreme Court.

The broader message emphasizes that justice is a matter of national importance and should not be confined solely to judicial authorities, highlighting the need for inclusive participation in the judicial selection process.