Problem Statement
Since its inception, the Indian judiciary has seen only 11 women judges in the Supreme Court, and no woman has ever served as the Chief Justice.
Research and leadership literature has shown that men and women lead differently. Men tend to display a transactional leadership style and are task-oriented. Women are more collaborative and adaptative and express a democratic leadership style (Eagly and Johnson 1990).
The advocacy for more diversity in court appointments is not new; thus, it is crucial to consider why women are not welcome in the Indian judiciary, whether as judges, attorneys, litigants, or consumers of the legal system and what can be done to change this.
The Supreme Court Women Attorneys Association recently petitioned the Supreme Court to provide instructions for appointing more competent and worthy women lawyers in the Higher Courts of India. In the matter of M/s PLR Projects Pvt Ltd v. Mahanadi Coalfields Ltd, where the decision about open judgeship positions was made at the time, this application was submitted as an intervention. (Supreme Court Cases, 2021)
(Data pulled from the Ministry of Justice, 2019)
The lower courts in a few states in India have a reservation policy for women, while the High Courts and Supreme Court do not. As a result of this reservation, states like Assam, Telangana, Odisha, and Rajasthan currently have 40–50% female judicial officers. Despite the widespread backing of all major political parties, the bill to grant women a 33% reservation in the state and federal legislatures has not yet been passed. (Gazette of India, 2015)
Academicians and lawyers have repeatedly emphasised the importance of gender parity in the judiciary, but the government has taken no substantial measures yet.