Home > Recent Judgements > CONSIDER WOMEN ADVOCATES PRACTISING IN SUPREME COURT FOR ELEVATION: CJI SURYA KANT URGES HIGH COURT COLLEGIUMS
March 9- 2026
CONSIDER WOMEN ADVOCATES PRACTISING IN SUPREME COURT FOR ELEVATION: CJI SURYA KANT URGES HIGH COURT COLLEGIUMS
Introduction
On the occasion of International Women’s Day, the Chief Justice of India, Surya Kant, delivered a significant message to the judicial system, emphasizing the urgent need to strengthen women’s representation in the higher judiciary. Addressing the International Women in Law Conference organised by senior advocates Mahalaxmi Pavani and Shobha Gupta, the CJI urged High Court collegiums across India to actively consider women advocates for judicial appointments, particularly those practising in the Supreme Court.
The conference, themed “Half the Nation, Half the Bench,” served as a platform to discuss the importance of gender representation in the judiciary and the need to transform inclusion from an exception into an institutional norm.
Need for Greater Representation of Women in the Judiciary
The CJI stressed that women’s elevation to the Bench must become a regular practice rather than an occasional development. Highlighting the responsibility of High Court collegiums, he called for proactive efforts in identifying capable women advocates for judicial appointments.
“High Court collegiums must recognize that the moment for measured action is not in the future, it is now.”
He further emphasized that when competent women advocates are available at the Bar, their appointment should not be treated as a rare occurrence.
“Their consideration should not be an exception but a norm.”
According to the CJI, ensuring fair representation of women on the Bench is essential for maintaining institutional legitimacy and public confidence in the judiciary.
Expanding the Zone of Consideration
Another key concern raised by the CJI was the mechanical rejection of candidates based solely on age criteria. He advised collegiums to adopt a broader and more flexible approach when evaluating potential candidates for judicial elevation.
“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.”
This recommendation seeks to ensure that talented women advocates practising in the Supreme Court are not overlooked merely because they are not practising primarily in their home State High Courts.
Historical Barriers Faced by Women in the Legal Profession
Reflecting on the history of the legal profession, the CJI highlighted the significant obstacles women had to overcome to enter the field of law. He noted that under colonial rule, women were once barred from practising law, demonstrating how far the profession has evolved over the past century.
The progress made by women lawyers, he said, is not a result of concessions but of consistent competence demonstrated despite scepticism and systemic barriers.
In this context, he invoked the words of Fathima Beevi, the first woman judge of the Supreme Court of India.
“Justice Fathima Beevi said in 1989, ‘I opened the door’. It must remain open.”
This statement symbolises the need to preserve and expand opportunities for women within the judiciary.
Current Status of Women Representation in Judiciary
The Chief Justice acknowledged that although progress has been made, the representation of women in higher judiciary remains limited. However, there are encouraging developments.
Currently, two women serve as Chief Justices of High Courts, and with the elevation of Lisa Gill, the number will increase to three.
He particularly praised the Punjab and Haryana High Court for its comparatively strong representation, noting that it currently has 18 sitting women judges. He also commended the Madras High Court and Bombay High Court for maintaining a substantial number of women judges.
At the district judiciary level, the numbers are even more promising.
“The women’s representation is roughly 37% in the district judiciary.”
The CJI explained that increased representation at the grassroots level creates a stronger pipeline for future appointments to the High Courts and the Supreme Court.
“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.”
Value of Women’s Perspectives in Judicial Decision-Making
The CJI also emphasised that greater inclusion of women does not change the principles of 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 remains the same.”
However, he acknowledged that women judges contribute valuable lived experiences that can deepen judicial understanding and sensitivity in adjudication.
“Women add value to adjudication by bringing in their lived experiences.”
This diversity of perspectives strengthens the judiciary and ensures that it reflects the society it serves.
Challenges Faced by Women Lawyers
Despite progress, women lawyers continue to face unique professional challenges. The CJI acknowledged several difficulties that disproportionately affect women in the profession.
“From late-night briefings to unreported workplace bias, the journey has not been easy.”
Yet, many women advocates have excelled because of their dedication and belief in the institutional ethos of the legal system.
He also highlighted the inspirational impact of women judges on younger generations entering the profession.
“When a young woman sees a woman judge, aspirations become tangible.”
Merit and Representation: Not a Conflict
Addressing concerns often raised regarding merit versus representation, the CJI clarified that promoting women’s representation does not mean compromising on merit.
“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 legal profession to understand that women advocates are seeking equality of opportunity rather than special concessions
Institutional Intent Must Translate into Action
In concluding his address, the CJI stressed that acknowledging the problem is not enough. Concrete steps must be taken to ensure meaningful change within the judiciary.
“Institutional intent is not enough and should be accompanied by institutional action.”
He also referred to orders passed by the Supreme Court mandating at least one-third representation of women in Bar Councils and Bar Associations, which reflect a broader institutional commitment toward gender inclusivity.
By urging High Court collegiums to consider women advocates practising in the Supreme Court for judicial elevation, the Chief Justice has reinforced the need to build a stronger, more inclusive judiciary that reflects the diversity of the nation it serves.
Final Thoughts
The remarks of the Chief Justice of India, Surya Kant, underline a crucial institutional responsibility to ensure that the Indian judiciary truly reflects the diversity of the society it serves. By urging High Court collegiums to actively consider women advocates, including those practising in the Supreme Court, the CJI has highlighted the need to transform women’s representation in the judiciary from a symbolic achievement into a consistent institutional practice.
While encouraging progress has been witnessed, particularly in the district judiciary, the representation of women in higher courts still requires sustained effort. Expanding the zone of consideration, removing rigid barriers such as strict age limitations, and creating a stronger pipeline of qualified women candidates are essential steps toward achieving this goal.
Ultimately, the call for greater representation is not about preferential treatment but about ensuring equal opportunities and a fair starting line. A judiciary that includes diverse voices especially those of women strengthens the process of adjudication and enhances public confidence in the justice system. As the CJI emphasized, meaningful change will come only when institutional intent is translated into concrete action, ensuring that the doors opened by pioneers like Fathima Beevi continue to remain open for future generations of women in law.