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

Model Answer: 

Despite women comprising nearly 50% of the population, their representation in the higher judiciary remains dismal (only ~13% in High Courts, per India Justice Report).

Desirability of Women in Higher Judiciary

• Democratic Legitimacy (Diversity): Courts must reflect societal demographics to bolster institutional credibility and public trust.
• Gender-Sensitive Jurisprudence (Equity): Diverse lived experiences challenge patriarchal interpretations, enriching legal reasoning (e.g., Vishaka Guidelines for workplace safety).
• Eradicating Stereotypes (Inclusiveness): A critical mass of women eliminates misogynistic biases in judicial pronouncements (e.g., Supreme Court’s Handbook on Combating Gender Stereotypes).
• Access to Justice: Marginalized female litigants feel more understood, encouraging them to seek legal recourse without institutional intimidation.
• Role Modeling: Apex female judges inspire wider women’s participation across the entire legal and law-enforcement ecosystem.
• Constitutional Mandate: Fulfills the core ethos of equality and substantive justice embedded in the Constitution (Article 14, Article 15(3)).

Elevating women to higher judicial echelons, exemplified by Justice B.V. Nagarathna’s projected tenure as the first female CJI, is a non-negotiable imperative to forge a truly equitable justice delivery system.