Q. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.

Model Answer: 

The representation of women in India’s higher judiciary remains low, with only a few female judges in the Supreme Court and High Courts. Increasing this representation is crucial for ensuring diversity, equity, and inclusiveness in the judicial system.

Greater representation of women in the higher judiciary is desirable for several reasons:

• Diversity: Women bring unique perspectives and life experiences to judicial decision-making, enriching the interpretation of laws and societal issues. This diversity reflects the composition of society and enhances the quality of judgments.

• Equity: Increased representation addresses historical underrepresentation and barriers faced by women in the legal profession. It promotes equal opportunities for career advancement and breaks the glass ceiling in the judiciary (e.g., Justice M. Fathima Beevi’s appointment).

• Inclusiveness: A more inclusive judiciary encourages aspiring women lawyers to pursue judicial careers, creating a cycle of representation and inspiration. It also ensures that the justice system is more representative of all sections of society.

Benefits of increased women’s representation include:

– Enhanced public trust in the judiciary
– Potential for more gender-sensitive judgments (e.g., Vishaka guidelines case)
– Role models for women in law

Challenges include balancing merit-based appointments with diversity goals and addressing structural barriers. Possible measures to increase representation:

• Implementing targeted mentorship programs
• Reforming the judicial appointment process
• Setting diversity goals or quotas

Conclusion: Greater representation of women in the higher judiciary is essential for a fair, diverse, and inclusive justice system that truly serves all citizens.