Why is the President of SCBA Not Protesting Non-Appointment of Women Judges? : Questions Senior Advocate Indira Jaising

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Senior Advocate Indira Jaising raised serious concerns over the non-appointment of women judges to the Supreme Court of India. She questioned why the President of the SCBA has not protested, highlighting that 28 male judges were appointed since 2021.

New Delhi: The Supreme Court Bar Association (SCBA) recently come under scrutiny as questions arise over the absence of protests regarding the non-appointment of women judges to the Supreme Court of India.

Senior Advocate Indira Jaising In a post on X, wrote,

“Why is the President of SCBA not protesting the non appointment of women judges to the Supreme Court of India. 28 male judges appointed with no woman judge since 2021.”

The issue caused a wider debate on gender equality in the judicial system and the need for proactive measures to ensure balanced representation in appointments to the Supreme Court.

Senior Advocate Prashant Bhushan has praised Justice Nagarathna for her fearless stance in the Supreme Court.

He stated,

“Justice Nagarathna by her bold dissent on the appointment of the 57th judge in seniority to the SC, over whose head hang dark clouds, has shown what independence, spine & integrity should be.”

Earlier, Senior Advocate Indira Jaising raised concerns regarding the Supreme Court Collegium’s recommendation to elevate Justice Vipul Pancholi to the top court, questioning why three women judges, who are senior to him, were overlooked.

In a post on X, Jaising wrote,

“Since the appointment of Justices Hima Kohli, BV Nagarathna and Bela Trivedy in 2021, as recommended by then-CJI NV Ramana, 28 judges have been appointed under four CJIs, but not a single woman judge has been recommended.”

She emphasized the lack of female representation in the Supreme Court, which currently includes only one woman, Justice BV Nagarathna.

In another post, she noted,

“At least 3 women judges are senior to Justice Vipul Pancholi. They are Justices Sunita Agarwal, Revati Mohite Dere and Lisa Gill.”

Jaising pointed out that elevating Justice Pancholi would result in the number of judges from Gujarat increasing to three. The Supreme Court Collegium had recommended Patna High Court Chief Justice Vipul Manubhai Pancholi for elevation to the apex court on Monday.

Justice Vipul Pancholi’s elevation has been at the center of debate. Ranked 57th in the all-India seniority list of High Court judges, his appointment has drawn criticism for bypassing several senior judges, including women judges. Justice BV Nagarathna, a member of the Collegium, dissented against Pancholi’s elevation, reportedly calling it “counter-productive” to the administration of justice and damaging to the credibility of the collegium system.

Adding to the criticism, three women High Court judges, Justices Sunita AgarwalRevati Mohite Dere, and Lisa Gill, were overlooked despite being senior to Justice Pancholi.

This has raised concerns about the lack of female representation at the highest judicial level, especially since no woman has been elevated to the top court since 2021.

Justice BV Nagarathna, a member of the Supreme Court Collegium, expressed dissent against his recommendation, arguing that his appointment would not only be ‘counter-productive’ to the administration of justice but also jeopardize the credibility of the collegium system.

The collegium consists of five members: Chief Justice of India Bhushan R. Gavai, and justices Surya Kant, Vikram Nath, JK Maheshwari, and Nagarathna, who voted 4-1 in favor of the elevation.

Born on May 28, 1968, Justice Pancholi began his legal career in September 1991, practicing as an advocate in the Gujarat High Court.

The Supreme Court of India has often functioned with vacancies, but as of today, it is operating at its maximum sanctioned strength of 34 judges. Notably, among these, only one woman, Justice BV Nagarathna, sits on the bench. Justice Nagarathna is in line to become India’s first woman Chief Justice in 2027, a historic milestone in the making.

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