What Happened
- Chief Justice of India (CJI) Surya Kant addressed the inaugural session of the first National Conference of Indian Women in Law on International Women's Day (8 March 2026)
- The CJI called on High Court collegiums to widen their zone of consideration and include women advocates practising in the Supreme Court — from their respective states — for elevation to High Court judgeships
- CJI stated that "considering women for judgeships must be the norm, not an exception"
- He also cautioned collegiums against mechanically rejecting potential candidates solely because they do not strictly meet prescribed age criteria
- The call reflects persistent gender imbalance: only 1 of 33 Supreme Court judges (3%) is a woman; only 116 of 781 High Court judges (14.85%) are women; Subordinate Courts have better representation at 38%
Static Topic Bridges
The Collegium System for Judicial Appointments in India
The collegium system is the mechanism by which judges of the Supreme Court and High Courts are appointed and transferred in India. It evolved through three landmark Supreme Court judgments: the First Judges Case (S.P. Gupta v. Union of India, 1981), the Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993), and the Third Judges Case (Presidential Reference, 1998). The collegium is not mentioned in the Constitution; it emerged as a judicial interpretation of Articles 124 and 217. The Supreme Court collegium comprises the CJI and the four most senior judges of the Supreme Court. High Court collegiums consist of the Chief Justice of that High Court and the two most senior judges.
- Article 124(2): Appointment of SC judges — by President in consultation with CJI and such other judges as deemed necessary
- Article 217(1): Appointment of HC judges — by President in consultation with CJI, Governor, and Chief Justice of that HC
- Second Judges Case (1993): Established that "consultation" means concurrence — effective veto for judiciary over appointments
- Third Judges Case (1998): Collegium of 5 (for SC) and 3 (for HC) must reach consensus for appointments
- NJAC (National Judicial Appointments Commission) established by 99th Constitutional Amendment (2014) and struck down by Supreme Court in October 2015 as unconstitutional
Connection to this news: The CJI's appeal operates within the collegium framework — High Court collegiums have discretion to recommend candidates, and the CJI is using his moral authority to encourage them to expand consideration of women advocates.
Gender Representation in India's Judiciary
Despite significant progress in women's participation in legal practice, the higher judiciary in India remains dominated by men. The disparity is starkest at the apex court: since Independence, only a handful of women have served as Supreme Court judges. Justice Fathima Beevi (1989) was the first woman appointed to the Supreme Court. As of 2026, Justice BV Nagarathna is the lone woman judge and is slated to become India's 54th Chief Justice in September 2027 — the first woman CJI in history.
- Supreme Court: 1 of 33 judges is a woman (3%) as of early 2026
- High Courts: 116 women out of 781 working-strength judges (14.85%) across 25 High Courts
- Subordinate Courts (District and Sessions): approximately 38% women judges
- First woman SC judge: Justice Fathima Beevi (1989)
- First woman Chief Justice of a High Court: Justice Leila Seth (Himachal Pradesh HC, 1991)
- SC Collegium: recommended 136 names for HC judgeship in 17 months (recent period); only 20 were women (~14.7%)
- Justice BV Nagarathna: set to become India's first woman CJI on 24 September 2027
Connection to this news: The CJI's directive addresses systemic pipeline issues — women advocates practising in the SC from states are often overlooked by HC collegiums that focus only on local bar, reducing the pool from which women candidates are drawn.
Women in Law and Constitutional Guarantees
The Constitution of India provides for equality and non-discrimination under Articles 14 (equality before law), 15 (prohibition of discrimination on grounds of sex), and 16 (equality of opportunity in public employment). Article 15(3) permits the State to make special provisions for women and children. The Directive Principles (Article 39) direct the State to ensure equal pay and adequate means of livelihood for men and women. The UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in 1993, requires States to ensure equal access for women to all levels of the judiciary.
- CEDAW ratified by India: 1993 (with reservations on Articles 5(a) and 16(1))
- Article 15(3): Enables affirmative action provisions specifically for women
- Women make up approximately 50% of enrolled advocates in Bar Councils in recent years
- Senior Advocate designation: women remain underrepresented; fewer than 15% of Senior Advocates designated by SC are women
- UN SDG 5 (Gender Equality) and SDG 16 (Peace, Justice & Strong Institutions) are relevant to judicial gender parity
Connection to this news: The CJI's call to expand the zone of consideration aligns with constitutional obligations under Articles 14, 15, and 16, and India's CEDAW commitments — treating women's under-representation in the judiciary as a governance failure requiring active correction, not passive waiting.
Key Facts & Data
- Forum: First National Conference of Indian Women in Law, 8 March 2026 (International Women's Day)
- CJI: Justice Surya Kant
- Supreme Court: 1 woman judge out of 33 (3%)
- High Courts: 116 women out of 781 judges (14.85%) across 25 HCs
- Subordinate Courts: ~38% women judges
- SC Collegium: 136 HC judgeship recommendations in 17 months; only 20 (14.7%) were women
- Justice BV Nagarathna: lone SC woman judge; set to become India's first woman CJI (24 September 2027)
- Collegium system basis: Second Judges Case (1993) + Third Judges Case (1998)
- NJAC struck down: 16 October 2015 (5-judge Constitution Bench, 4:1 majority)
- CEDAW ratified by India: 1993