New Delhi: Chief Justice of India Justice Surya Kant, on the occasion of 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 High Court collegiums to consider women advocates from their respective States who are practising in the Supreme Court.
The remarks were delivered during the inaugural session of the first-of-its-kind and unprecedented International Women in Law Conference, a landmark initiative conceptualised, spearheaded and passionately driven by Senior Advocate Mahalakshmi Pavani, a leading voice for women in the legal profession and a tireless advocate for greater gender representation within the judiciary. The conference, held on the powerful theme “Half the Nation, Half the Bench,” brought together some of the most prominent members of the Indian judiciary and legal fraternity, including judges of the Supreme Court, former Chief Justice of India Justice N.V. Ramana, Attorney General R. Venkataramani, and several senior advocates and judges from across the country.
Delivering the keynote address, 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 further urged 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.
Reflecting on the historical barriers faced by women in the legal profession, the Chief Justice 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 even allowed to practise law, he recalled. He emphasised 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 Justice 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 observed 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, he emphasised, should not remain isolated personal breakthroughs but must become an institutional norm.
Pointing to encouraging developments, the Chief Justice noted that there are currently two women Chief Justices in the 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 presently has 18 sitting women judges, while also acknowledging the Madras High Court and Bombay High Court for having a substantial number of women judges.
Justice Surya Kant further highlighted that women’s representation in the district judiciary has been particularly encouraging, standing at roughly 37%. “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.
Emphasising the importance of building a strong pipeline for judicial appointments, the CJI observed, “Elevation is not a simple or instantaneous process. It requires nurturing the pipeline at its very source. If the pipeline is narrow at its source, the Bench cannot later be broad.”
The Chief Justice also emphasised that the inclusion of women judges enriches the judicial process by bringing diverse lived experiences. “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 acknowledged the disproportionate challenges faced by women lawyers in the profession. “From late-night briefings to unreported workplace bias, the journey has not been easy,” he observed. Despite these challenges, he noted that many women have excelled in the 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 legal field. “When a young woman sees a woman judge, aspirations become tangible,” he said.
Addressing concerns about merit and representation, the Chief Justice clarified that calls for greater representation are not about preferential treatment but about ensuring a fair starting line. He also urged male members of the Bar to recognise that women lawyers are seeking equality, not concessions.
Concluding his address, the Chief Justice stressed that institutional intent must be supported by 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. He also referred to orders passed by the Supreme Court mandating at least one-third representation of women in Bar Councils and Bar Associations.
The International Women in Law Conference, built around the vision of “Half the Nation, Half the Bench,” was organised by Senior Advocate Mahalakshmi Pavani, along with Senior Advocate Shobha Gupta, marking a significant step toward advancing the national conversation on ensuring greater representation of women within the Indian judiciary.
