The 53rd Chief Justice of India, Justice Surya Kant, who will take over the reins of the judiciary today, will have many challenges to address. There are social expectations that have been generated on account of his progressive mindset and natural ability to navigate complex issues of diversity and inclusion with clarity and sensitivity. One such expectation from the new Chief Justice is in relation to the aspiration of the judiciary to become a more inclusive institution with a greater representation of women across all levels of the judiciary. It is notable that, in the larger context of promoting diversity and inclusion within the legal fraternity, a bench of the Supreme Court led by Justice Surya Kant has already issued several landmark directions mandating reservation for women in the executive bodies of various bar associations across India.
On 28 March 2025, in a reply to a question in the Lok Sabha, Mr Arjun Ram Meghwal, Minister of State for Law and Justice (Independent Charge), observed, “…Since 2014 till date, 06 women judges have been appointed in the Supreme Court and 162 women Judges have been appointed in the High Courts. As on March 18, 2025, there are 02 women Judges working in the Supreme Court and 110 women Judges in High Courts. As on February 28, 2025, there are 7,852 women Judges working in District and Subordinate Courts.” As of now, there is only one woman judge in the Supreme Court, Justice BV Nagarathna. The silver lining, however, lies in the District and Subordinate Courts, which have nearly 35 per cent women and constitute the largest representation within the three tiers of the judiciary.
The next major reform initiative would be to focus on the higher judiciary, especially the High Courts and the Supreme Court. Quite remarkably, the outgoing Chief Justice of India, Justice GR Gavai, poignantly observed on his last working day at a farewell hosted by women lawyers of the Supreme Court at the Women’s Bar Room, “…I have a regret that I could not get a woman member to the Supreme Court … but in so far as High Courts are concerned we had recommended 16 women judges… among them are women lawyers of Supreme Court. So, my collegium always believed in wide representation of women members…”.
The spirit of these observations of the outgoing Chief Justice of India echoes a larger vision that needs to be pursued with purpose and conviction by the new Chief Justice of India. Breaking the bench’s glass ceiling is absolutely essential for the judiciary to send the right signals that equality and diversity are not just legal and constitutional concepts but require individual and institutional efforts to implement them. Justice Surya Kant is in a position to shape the future of the higher judiciary by ensuring that this becomes an institutional priority and has the full consideration of the collegium. There are three critical aspects to this effort, and they need to be pursued simultaneously:
1. Collegium should consider recognising gender diversity as a constitutional imperative
The collegium headed by the Chief Justice of India plays a central role in all judicial appointments to the higher judiciary. The Chief Justice of India, through dialogue and deliberation within the collegium, should work towards building consensus in recognising that gender diversity is not just a policy objective but a constitutional imperative. The endeavour of Justice Surya Kant, along with other members of the collegium, should be to ensure that at least 40 per cent of judicial appointments made to the Supreme Court and the High Courts should be women. This will take significant courage of conviction and consensus-building efforts within the collegium, but the new Chief Justice is well-positioned to pursue this bold and unprecedented initiative.
2. Democratic and inclusive ways of identification of lawyers across High Courts
The existing methods and mechanisms of identifying suitable candidates in the form of lawyers practising in High Courts to be considered for appointment as judges may not be suitable for selecting women lawyers. Many outstanding women lawyers may have chosen different pathways into the world of legal practice, and hence, innovative and some out-of-the-box thinking may be necessary to identify potential women for appointment as judges of the High Court.
One idea could be to look into the law firms and other organisations where there could be outstanding women lawyers who may not be actively practising in the courts. However, their qualifications, competence, and experience is not less significant for being a good and effective judge. This will also be a unique way of addressing the challenge of having judges in the High Courts and the Supreme Court who are familiar with commercial disputes, while recognising the complex relationship between law, policy, regulation, and economics.
3. Seniority should be occasionally balanced with diversity
The existing process of selecting judges to the Supreme Court places the strongest emphasis on seniority, including the effort to have Chief Justices of High Courts appointed as judges of the Supreme Court. There have been a few judges who have been directly appointed to the Supreme Court either from the Bar or even when they are not serving as Chief Justice of a High Court. Justice Surya Kant may be able to provide enlightened leadership for engaging in debates and discussions within the collegium for occasionally balancing the need for having diversity while forgoing seniority, especially when selecting women judges to the Supreme Court. This is almost necessary as the historical challenge of having fewer women judges across High Courts has put women at a significant disadvantage when it comes to being eligible, with seniority working in their favour for being considered for appointment as a judge of the Supreme Court.
It is time that the Indian judiciary embraces wholly and substantially the vision of diversity and inclusion in letter and spirit, where the outcomes of the policy should become as important as the process adopted in selecting judges to the higher judiciary. Justice Surya Kant may just have what it takes to address this challenge with honesty and integrity.