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

Model Answer: 

The higher judiciary, which consists of the Supreme Court and the High Courts, plays a crucial role in shaping India’s legal system. It is responsible for interpreting and upholding the Constitution, deciding on disputes, and ensuring justice for all citizens. However, there is a lack of diversity in the higher judiciary, with women being underrepresented in these positions. In this context, it is essential to discuss the desirability of greater representation of women in the higher judiciary to ensure diversity, equity, and inclusiveness.

The Need for Greater Representation of Women in the Higher Judiciary

• Promotes diversity: Greater representation of women in the higher judiciary can promote diversity and bring new perspectives and ideas to the legal system. Women may bring a different approach to problem-solving, which can lead to more creative and innovative solutions.
• Increases inclusivity: Women are an integral part of society, and their representation in the judiciary can increase inclusivity. It can ensure that the judiciary reflects the diversity of the Indian population and that all voices are heard and considered.
• Enhances legitimacy: The judiciary’s legitimacy rests on its ability to represent the people it serves. Greater representation of women in the higher judiciary can enhance the judiciary’s legitimacy and public trust in the system.
• Addresses gender bias: Women have historically faced discrimination and bias in the legal system. Greater representation of women in the higher judiciary can help address this bias and ensure that the legal system treats women fairly and equitably.

Challenges to Achieving Greater Representation of Women in the Higher Judiciary

• Structural barriers: Structural barriers such as the absence of women in the legal profession, lack of mentorship and support, and the absence of adequate policies for promoting gender diversity can pose significant challenges to achieving greater representation of women in the higher judiciary.
• Cultural norms and biases: Cultural norms and biases towards women in the legal profession can also be a significant challenge. There may be a perception that women are not suited for leadership roles in the legal profession or that they cannot balance work and family responsibilities.
• Lack of political will: Finally, there may be a lack of political will to promote gender diversity in the higher judiciary. This can be due to several factors, including a lack of understanding of the importance of diversity, a lack of political pressure, or an unwillingness to challenge the status quo.

Conclusion

In conclusion, greater representation of women in the higher judiciary can promote diversity, equity, and inclusiveness in the legal system. It can enhance the legitimacy of the judiciary, address gender bias, and ensure that the judiciary reflects the diversity of the Indian population. However, achieving greater representation of women in the higher judiciary requires addressing several challenges, including structural barriers, cultural norms and biases, and a lack of political will. It is essential to take steps to overcome these challenges to promote gender diversity in the higher judiciary and ensure a more just and equitable legal system for all citizens.