Gender Diversity in India’s Highest Courts: A Call for Action
In a significant statement, former Chief Justice of India (CJI) N V Ramana emphasized the urgent need for greater gender diversity within India’s constitutional courts. Speaking at a symposium at the SRM School of Law, he pointed out that merely discussing gender without proper representation of women is a form of tokenism.
Justice Ramana noted that in the past 75 years, the Supreme Court has had just 11 women judges. Of these, three took their oaths on August 31, 2021, during his tenure as CJI. Among them, two have already retired, leaving Justice B V Nagarathna, who is set to become the first female CJI in September 2027 for just 36 days.
“Our institutions should mirror our society,” he stated. “Gender diversity is not just an option; it is essential for integrating real social realities into our judicial system.” He underscored that achieving inclusivity requires focused efforts, particularly from the highest levels of governance.
Justice Ramana also addressed the concerning infrastructure challenges faced by the National Company Law Tribunal, which recently had to shut down three of its six courtrooms. He expressed his attempts to persuade the government to establish a National Judicial Infrastructure Authority to ensure that the justice delivery system has adequate facilities, though these efforts did not succeed.
Advocate A M Singhvi echoed Ramana’s points, advocating for the timely implementation of the Supreme Court Collegium’s recommendations for appointing judges to constitutional courts. He highlighted that many High Courts are operating with only two-thirds of their sanctioned judges, while trial courts function at about 80% capacity of the 25,000 judges needed.
Singhvi concluded by linking the backlog of cases directly to the shortage of judges, calling for a swift resolution to this issue and reminding that the government is required to quickly appoint candidates recommended by the Supreme Court Collegium.
The call for better representation and infrastructure underscores the pressing need for reforms to enhance the efficacy of India’s judicial system and to ensure that it truly reflects the diversity of the nation.
