India's First Woman Chief Justice Appointed for 36 Days
In a significant milestone, Justice B.V. Nagarathna will become the first woman Chief Justice of the Supreme Court of India, albeit with a tenure of just 36 days. This appointment comes amidst a broader picture of gender imbalance in the Indian judiciary, with only 11 women having served as judges in the Supreme Court since its inception in 1950, representing a mere 3.8% of all appointments.
The Supreme Court has taken steps to increase women's representation, directing Bar associations to reserve 30% of elected seats and office bearer posts for women. However, no such mandate exists for constitutional courts. Despite this, the institutionalization of gender as a criterion for judicial appointments has not occurred. Legal frameworks and court decisions emphasize formal equality, focusing on non-discrimination rather than gender quotas.
The situation in High Courts is similarly imbalanced. Out of 1,100 sanctioned posts, only 103 are occupied by women, representing 14.27% of the total. The last appointment of women to the Supreme Court was in August 2021, when three women judges were appointed. Women judges are typically appointed later in age compared to their male counterparts. The Collegium, led by the Chief Justice of India, decides appointments, but the criteria remain unclear to the public.
The appointment of Justice B.V. Nagarathna as the first woman Chief Justice of the Supreme Court, albeit briefly, signals a step forward in gender equality in the Indian judiciary. However, the persistent underrepresentation of women in the Supreme Court and High Courts underscores the need for continued efforts to address this imbalance. The lack of clear public criteria for judicial appointments also presents an opportunity for transparency and accountability in this process.
