Consider Women Advocates Practising In SC For Elevation : CJI Surya Kant Urges High Court Collegiums

Chief Justice of India Surya Kant, on International Women's Day, urged High Court collegiums across the country to actively consider more women advocates for judicial appointments and cautioned against mechanically rejecting candidates solely on the ground that they do not meet the prescribed age criteria.

He also appealed to the High Court Collegiums to consider women advocates from their States who practice in the Supreme Court.

Delivering the keynote address at the inauguration of the International Women in Law Conference organised by Senior Advocates Mahalaxmi Pavani and Shobha Gupta on the theme “Half the Nation, Half the Bench,” the Chief Justice emphasised that the judiciary must take concrete steps to improve women's representation on the Bench.

“High Court collegiums must recognize that the moment for measured action is not in the future, it is now,” the CJI said, adding that when suitable women members are available at the Bar, “their consideration should not be an exception but a norm.”

He also called upon collegiums to widen the zone of consideration for judicial appointments and not reject candidates merely because they do not strictly meet the age requirement.

"Where in certain High Courts, if suitable women candidates within a particular age limit are not immediately available, that should not become a barrier. I earnestly request the High Court Collegiums to widen their zone of consideration and include women advocates practising in the Supreme Court who belong to that State,” he said.

'Door Opened Must Remain Open'

Reflecting on the historical barriers faced by women in the legal profession, the CJI noted that the progress achieved so far has been the result of decades of perseverance.

Barely a century ago, under a regressive colonial regime, women were not allowed to even practise law, he recalled.He stressed that the advances made by women in the legal profession were not the result of concessions but of competence demonstrated repeatedly in the face of scepticism.

Invoking the words of Fathima Beevi, the first woman judge of the Supreme Court, the CJI said the symbolic opening created by her appointment must continue to expand. “Justice Fathima Beevi said in 1989, 'I opened the door'. It must remain open,” he said.

The CJI noted that when half of India's population looks at the judiciary but finds only limited reflection of their representation, it raises an important institutional concern. The presence of women on the bench should not be personal breakthroughs, but should be become an institutional norm.

The CJI however said that there are encouraging signs. At present, there are two women Chief Justices at High Courts, and with the elevation of Justice Lisa Gill, the number will rise to three. He particularly lauded the Punjab and Haryana High Court, which has 18 sitting women judges. Madras and Bombay High Courts also deserve special mention for having a substantial number of women judges, he said.

CJI Surya Kant said that the women representation in the district judiciary has been particularly encouraging. The women's representation is roughly 37% in the district judiciary. "When the base of the system reflects greater inclusion, it is only a matter of time before it finds reflection in the higher judiciary as well," he said.

However, CJI cautioned against complacency and affirmed that enhancing women's representation was a continuous process.

Women add value to adjudication by bringing in their lived experiences

The Chief Justice emphasised that the inclusion of women judges does not alter the substance of the law but enriches the judicial process by bringing diverse perspectives.

“Women who ascend to the Bench do not bring a separate standard of justice. The Constitution remains the same, the oath remains the same, the office remain the same” he said. However, he added that women judges bring important lived experiences that influence judicial understanding.

At the same time, the CJI said that the challenges faced by women lawyers in the profession must be acknowledged. Many of these are disproportionate challenges faced solely on account of gender.

“From late-night briefings to unreported workplace bias, the journey has not been easy,” he observed. Despite these obstacles, he said, many women have excelled in the legal profession because they believed in the ethos of the institution.

The presence of women judges, he added, has a powerful inspirational effect on younger generations entering the profession.

“When a young woman sees a woman judge, aspirations become tangible,” he said.

Addressing concerns about merit and representation, the Chief Justice clarified that discussions about greater representation for women are not about preferential treatment, but for a fair starting line”.

He also urged male members of the Bar to recognise that women lawyers are seeking equality, not concessions.

The CJI concluded by emphasising that institutional intent must be matched with concrete action to create real opportunities.

“Institutional intent is not enough and should be accompanied by institutional action,” he said, urging the judiciary to strengthen the “architecture of opportunity” for women in the legal profession.

In his address, the CJI also mentioned the orders passed by the Supreme Court mandating at least 1/3rd women's representation in Bar Councils and Bar Associations.