UPSC DAW Mains Answer Writing 2025 3rd September

UPSC DAW Mains Answer Writing 2025 3rd September

Question

Critically examine the causes of gender imbalance in the higher judiciary of India. Suggest institutional reforms to address this issue? (15 marks, 250 words)  

Model Answer

Introduction: 

  • Despite a century of progress for women in law since Cornelia Sorabji, gender imbalance in India’s higher judiciary remains stark. As of 2025, women comprise only 3 out of 34 judges in the Supreme Court (8.82%), and only 105 of 779 High Court judges (13.47%) are women. India has never had a woman Chief Justice of India.  This imbalance weakens inclusivity, legitimacy, and public trust in the judiciary. 

Causes of Gender Imbalance in the Higher Judiciary 

  • Opaque Collegium Appointments: 

  • Lack of transparency and criteria in the collegium system disadvantages women. 

  • E.g. Since 2020, nine women's names were recommended by the collegium for appointment to the High Courts, but were not confirmed. 

  • Deep-rooted Patriarchy and Gender Bias: 

  • Women face heightened scrutiny and higher thresholds for merit. 

  • Pipeline Blockage from the Bar to Bench: 

  • Very few women are elevated directly from the Bar. 

  • E.g. In 75 years, 9 men were elevated directly to SC from the Bar but only 1 woman Justice Indu Malhotra. 

  • Late Age of Appointment: 

  • Women are elevated later, limiting their tenure and chances at leadership. 

  • E.g. The average age of male judges’ appointment is 51.8 years vs. 53 years for women, reducing seniority prospects. 

  • Intersectional Exclusion: 

  • Women from marginalized castes, minorities, and first-generation lawyers are nearly absent. 

  • E.g. The Jharkhand High Court illustrates intersectional exclusion, with only 2 Adivasi judges since 2000 and merely 5 women judges in total. 

 Arguments Against the Imbalance 

  • Progress has been made: 

  • In 2021, history was made again as Justice Hima Kohli, Justice B.V. Nagarathna and Justice Bela M. Trivedi were all appointed at once on 31 August 2021. 

  • First Ever Woman Chief Justice of India:  

  • Justice Nagarathna is expected to become India’s 54th Chief Justice and will hold the post for 36 days. 

  • Increasing enrolment: 

  • Law schools today have nearly 50% women enrollment; in the next 10–15 years, this may naturally improve representation in higher judiciary. 

           Institutional Reforms to Address the Issue 

  • Transparent Appointment Process: 

  • The collegium system must adopt clear, publicly stated parameters of selection, including merit, integrity, and diversity, while also publishing reasons for acceptance or rejection 

  • Gender Diversity Mandate in MoP: 

  • Gender balance should be made a formal criterion in judicial appointments, ensuring that women’s representation is considered alongside regional and caste diversity. 

  • E.g. Advocates propose reserving at least one-third of positions in higher judiciary for women. 

  • Strengthening the Pipeline: 

  • Women must be appointed at younger ages and more senior women lawyers elevated directly from the Bar to higher courts to ensure longer tenures and greater leadership opportunities. 

  • E.g. Justice Nagarathna’s short tenure as future CJI highlights the need for earlier elevation of women judges to ensure longer leadership roles. 

  • Mentorship and Fellowship Programs:  

  • Structured mentorship programmes and fellowships for women lawyers and judicial officers can help prepare them for elevation to higher positions. 

  • E.g. CLPR consultations with women lawyers convened a Roundtable which was part of the CLPR’s larger ‘Women in Leadership’ initiative that seeks to address the gender gap in the higher judiciary. 

  • Time-bound Affirmative Measures: 

  • Temporary quotas or minimum representation targets for women can be introduced until gender parity becomes self-sustaining. 

  • E.g. Policy briefs suggest short-term corrective preferences to ensure a minimum threshold of women judges in higher courts. 

       Conclusion: 

  • Gender imbalance in the higher judiciary reflects systemic exclusion, not a lack of merit. Institutional reforms transparent processes, diversity mandates, and supportive infrastructure must be urgently implemented to build a judiciary that mirrors India’s constitutional vision of equality. The way forward lies in normalizing women’s presence on the Bench so that their appointments are no longer exceptions but the norm, thereby enhancing both the inclusivity and legitimacy of India’s judicial system.