Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (UPSC 2021)

Greater representation of women in the higher judiciary is highly desirable. It is not a favour, but a constitutional imperative to make justice more diverse, equitable and inclusive. Today, women are only 5.4% of Supreme Court judges and 14% of High Court judges, despite being nearly half the population.

  • Diversity and legitimacy: A bench that reflects society improves public trust and democratic legitimacy.
  • Equity: It gives real meaning to Articles 14, 15(3) and 39A by removing the glass ceiling in judicial appointments.
  • Inclusive justice: Women judges can strengthen sensitivity in cases on sexual violence, family disputes, workplace rights and property.
  • Broader talent pool: With women forming about 36% of the subordinate judiciary, their rise to higher courts should be better enabled.

Yet, merit must remain central. The solution lies in transparent collegium norms, active search for women jurists, and better support systems. A more balanced higher judiciary will improve both the quality and the fairness of justice.

Originally written on September 2, 2026 and last modified on September 2, 2026.

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