As the Supreme Court of India continues to grapple with gender disparity, the potential elevation of a woman judge in 2025 sparks anticipation and hope for greater representation in the higher judiciary.
NEW DELHI: Law, in its essence, is meant to be fair, with justice symbolized as blind and impartial. However, a closer look at India’s judiciary reveals a noticeable gender disparity — justice, though blind, seems distinctly clad in a suit and tie.
To address such imbalances, March 10 is observed globally as the International Day of Women Judges, a day established by the United Nations General Assembly in 2021 and first celebrated in 2022.
This day aims to recognize women’s contributions to the judiciary, advocate for their increased participation, and acknowledge the historical exclusion they have faced.
Despite being one of the largest democracies, India’s judiciary still struggles with gender parity, as only 14% of sitting High Court judges are women — a modest rise from 11% in 2022 and 13% in 2023. This stark underrepresentation is a result of systemic barriers that have long denied women equitable space in the judiciary, emphasizing the need for consistent efforts to level the scales of justice.
As of March 2025, the Supreme Court of India is operating with a strength of 32 judges, of which only two are women. The limited representation of women in the apex court continues to highlight a significant gender disparity within the higher judiciary. With upcoming retirements and potential elevations, the question arises: who among the current pool of women High Court judges stands the best chance of being elevated to the Supreme Court?
Current Scenario in the Supreme Court
Presently, the Supreme Court has a sanctioned strength of 34 judges but is functioning with only 32, leaving two vacancies. However, if the recent recommendation by the Collegium to elevate Justice Joymalya Bagchi is accepted by the Central Government, the number of vacancies will reduce to one. By the end of June 2025, the retirement of Chief Justice of India Sanjiv Khanna and Justices Abhay S. Oka and Bela Trivedi will further increase the number of vacancies to four.
The retirement of Justice Bela Trivedi, one of the two sitting women judges, will reduce the number of women judges in the Supreme Court to just one – Justice BV Nagarathna. It is noteworthy that Justice Nagarathna is poised to become the first woman Chief Justice of India, signifying a historic milestone in the Indian judiciary.
Persistent Gender Disparity in Higher Judiciary
The lack of female representation in the higher judiciary has been a longstanding concern. Since its inception in 1950, the Supreme Court has seen only 11 women judges. This glaring underrepresentation is reflective of broader structural challenges within the legal profession, where women face substantial obstacles not only in entry but also in career progression.
Although the subordinate judiciary shows relatively better representation of women, with Kerala leading the numbers with 72% of newly inducted district judges being women, the same is not true for constitutional courts like the High Courts and the Supreme Court.
Women in High Courts
The current data reveals that out of 763 judges serving in the 25 High Courts across the country, only 108 are women, accounting for a mere 14% of the total strength. Shockingly, only one woman judge presently holds the position of Chief Justice of a High Court.
A closer look at state-wise representation further highlights the imbalance. For instance, Kerala, a state known for its favorable sex ratio and high literacy rates, has only three women judges in its High Court. Contrastingly, the High Courts of Punjab & Haryana and Madras lead in terms of female representation, with 13 women judges each. However, the High Courts of Meghalaya, Tripura, and Uttarakhand have no women judges at all, further exposing the unequal representation.
The Significance of Women Representation in Higher Judiciary
The presence of women on the bench is not merely a matter of token representation; it has profound implications on the justice delivery system. Women judges bring unique perspectives and lived experiences that contribute to a more empathetic and inclusive judicial process. Moreover, their presence serves as a powerful message to aspiring women lawyers that the higher judiciary is accessible to them.
The legal profession has historically functioned as a male-dominated space, creating structural and cultural barriers for women. These barriers range from discriminatory workplace cultures to a lack of mentorship and opportunities for career advancement. The underrepresentation of women in the higher judiciary reinforces these challenges and hampers efforts to achieve a balanced and diverse judiciary.
The Road Ahead: Potential Candidates
Given the upcoming vacancies in the Supreme Court, there is hope that the Collegium will prioritize gender diversity in its appointments. With the retirement of Justice Bela Trivedi, there is an urgent need to maintain and improve female representation in the apex court.
Several distinguished women judges currently serving in various High Courts possess the merit and experience to be considered for elevation. Their appointment would not only contribute to addressing gender imbalance but also enrich the judicial decision-making process with diverse perspectives.
As India moves forward in its journey toward inclusive representation, ensuring that capable women judges are elevated to the Supreme Court remains a critical step. Only then can the higher judiciary embody the diversity and inclusion it seeks to promote.
In light of the upcoming retirement of Justice Bela M. Trivedi from the Supreme Court of India in June 2025, it is pertinent to examine the potential women judges who may be elevated to the apex court. Given the persistent underrepresentation of women in the Supreme Court, discussions surrounding their possible elevation have gained significant traction.
The Department of Justice’s seniority list as of March 1, 2025, reveals that out of the 108 women judges currently serving in various High Courts across the country, only nine were appointed in or before 2016. This places them at the top of the seniority ladder, potentially increasing their prospects for elevation to the Supreme Court. However, it is essential to note that the Collegium’s considerations often extend beyond mere seniority, including factors like regional representation, judicial acumen, and potential tenure on the bench.
Senior-most Women High Court Judges and Their Prospects for Supreme Court Elevation
Justice Sunita Agarwal (Chief Justice, Gujarat High Court)
- Date of Birth: April 30, 1966
- Date of Appointment as High Court Judge: November 21, 2011
- Date of Appointment as Chief Justice: July 23, 2023
- Date of Retirement: April 29, 2028
Justice Sunita Agarwal currently holds the distinction of being the senior-most woman judge in India and the Chief Justice of the Gujarat High Court. She began her legal career in 1990 after obtaining a Bachelor’s degree in Law from Awadh University and practiced for over two decades in the Allahabad High Court, specializing in civil, writ, original, and commercial jurisdictions.
In 2011, Justice Agarwal was elevated to the Allahabad High Court, where she served in various jurisdictions and also played a key role in administrative committees. Her appointment as the Chief Justice of the Gujarat High Court in 2023 made her only the second woman to assume this position in the state.
Her tenure as Chief Justice has been marked by significant reforms, particularly in expediting bail matters and discouraging the practice of granting long adjournments. However, her relationship with the Bar has not been without controversy. The Gujarat High Court Advocates’ Association has expressed discontent regarding abrupt changes in judicial rosters and perceived disregard towards senior lawyers, which eventually led to calls for her transfer.
Despite these challenges, Justice Agarwal’s impressive judicial acumen, coupled with her long potential tenure at the Supreme Court until 2031, strengthens her candidacy for elevation. Nevertheless, the presence of three sitting Supreme Court judges from the Allahabad High Court could influence the Collegium’s decision.
Justice Revati Mohite Dere (Bombay High Court)
- Date of Birth: April 17, 1965
- Date of Appointment as High Court Judge: June 21, 2013
- Date of Retirement: April 16, 2027
Justice Revati Mohite Dere, known for her progressive and socially-conscious judgments, has emerged as a strong contender for Supreme Court elevation. An alumnus of Symbiosis Law College, Pune, and the University of Cambridge, Justice Dere began her legal career in the chambers of her father, Senior Advocate Vijayrao A Mohite, and later joined the practice of Barrister Raja S Bhosale at the Bombay High Court.
Her diverse practice spanned criminal, civil, and constitutional matters, and she has also served as counsel for both the State and Central governments. Elevated as an additional judge in 2013 and confirmed as a permanent judge in 2016, Justice Dere has gained a reputation for delivering impactful judgments, particularly in cases concerning LGBTQIA+ rights, prisoner welfare, and gender justice.
In recent years, Justice Dere garnered widespread appreciation for taking suo motu cognizance of the sexual abuse of two kindergarten children in Thane’s Badlapur. However, her elevation could face practical challenges as three sitting Supreme Court judges already hail from the Bombay High Court. That being said, the upcoming retirements of Justices BR Gavai and AS Oka in 2025 could potentially clear the path for her elevation, given her remarkable tenure and progressive jurisprudence.
Justice Lisa Gill (Punjab and Haryana High Court)
- Date of Birth: November 17, 1966
- Date of Appointment as High Court Judge: March 31, 2014
- Date of Retirement: November 16, 2028
Justice Lisa Gill, a prominent judge of the Punjab and Haryana High Court, stands third in the line of seniority among women judges. A graduate of Punjab University, Justice Gill began her legal career in 1990 and spent 14 years practicing before the Punjab and Haryana High Court. She gained vast experience in criminal, civil, service, revenue, and constitutional matters before her elevation as an additional judge in March 2014 and subsequent confirmation as a permanent judge in December of the same year.
Justice Gill has also served as the Executive Chairperson of the State Legal Services Authority in Chandigarh, where she oversaw the successful resolution of nearly 3,000 cases in a single day through the National Lok Adalat in December 2024. Her tenure has been marked by an emphasis on alternative dispute resolution mechanisms and swift justice delivery.
However, like Justice Agarwal, Justice Gill may face an institutional hurdle due to the presence of three Supreme Court judges already representing the Punjab and Haryana High Court. This could pose a challenge to her elevation unless the Collegium prioritizes her substantial remaining tenure until 2031.
Justice Meenakshi Madan Rai (Sikkim High Court)
- Date of Birth: July 12, 1964
- Date of Appointment as High Court Judge: April 15, 2015
- Date of Retirement: July 11, 2026
Justice Meenakshi Madan Rai has already broken several glass ceilings throughout her career. Born to a former Home Secretary of the Government of Sikkim, Justice Rai pursued her legal education at Lady Shri Ram College and Campus Law Centre, Delhi University.
In 1990, she began her practice before the Delhi High Court and the Supreme Court but soon transitioned to the judiciary when she was appointed as the First-Class Judicial Magistrate in Sikkim — becoming the first woman to do so. Over the years, she rose through the ranks, serving as a District and Sessions Judge, and eventually as the Registrar General of the Sikkim High Court.
In 2015, she made history yet again by becoming the first woman judge to be elevated to the Sikkim High Court. With her extensive administrative and judicial experience, Justice Rai presents a compelling case for elevation, particularly as it would mark the first time a judge from Sikkim would occupy a seat at the Supreme Court.
Justice Anu Sivaraman (Kerala High Court)
- Date of Birth: May 25, 1966
- Date of Appointment as High Court Judge: April 10, 2015
- Date of Retirement: May 24, 2028
Justice Anu Sivaraman is a prominent figure in the Kerala judiciary, known for her progressive and socially-conscious judgments. After completing her law degree from the Government Law College, Ernakulam, Justice Sivaraman began her practice in 1991 and served as Standing Counsel for the Corporation of Cochin and later as a Special Government Pleader for Co-operation.
Elevated as an additional judge in 2015 and confirmed as a permanent judge in 2017, Justice Sivaraman has presided over several landmark cases. Notably, she allowed the admission of transgender individuals to the National Cadet Corps (NCC) on the basis of self-identified gender and upheld the transfer of a judge who authored a controversial “provocative dress” order.
Justice Sivaraman’s elevation could bring long-overdue representation to the Supreme Court from Kerala, which has not had a woman judge since Justice Fatima Beevi in 1989. Additionally, with only one current representative from Kerala (Justice Vinod Chandran, retiring in 2028), her elevation appears promising.
The elevation of women judges to the Supreme Court remains a subject of immense public and institutional interest. While seniority, regional representation, and judicial acumen play critical roles, the ultimate decision of the Collegium remains opaque.
Judges like Justice Sunita Agarwal, Justice Revati Mohite Dere, and Justice Anu Sivaraman appear to have particularly strong prospects based on their judicial record, tenure, and representation needs. However, only time will tell whether the Collegium prioritizes these factors or chooses a divergent path.
Additionally, the possibility of direct elevations from the Bar remains open, further expanding the scope of potential candidates. In either scenario, the need for enhanced gender representation in the Supreme Court remains a pressing priority.
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