Surya Kant said institutional intent alone cannot improve women’s representation in the higher judiciary, urging High Court collegiums to consider deserving women lawyers and expand the zone of consideration so their elevation to the Bench becomes the norm.
Chief Justice of India (CJI) Surya Kant stated that having institutional intent alone is inadequate for enhancing women’s representation in the higher judiciary and must be supported by tangible actions.
He urged High Court collegiums nationwide to actively consider deserving women lawyers for judicial roles and to expand the zone of consideration as necessary.
Justice Kant emphasized that when suitable female candidates are available, their elevation to the Bench should become standard practice instead of the exception.
The Chief Justice remarked,
“Institutional intent is no longer enough. It must be accompanied by institutional imagination,”
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He called on High Court collegiums to broaden their search for qualified candidates. The Chief Justice noted that if suitable women candidates within a specific age range are not readily available within a High Court’s jurisdiction, that should not be a hindrance.
He said,
“I earnestly request the High Court collegiums to widen the zone of their consideration and include women advocates practising in the Supreme Court who belong to that State for elevation,”
Justice Kant made these comments during the inaugural session of the first National Conference of Indian Women in Law, themed “Half the Nation – Half the Bench,” held at the Supreme Court to commemorate International Women’s Day.
The conference was organized by Indian Women in Law (iWiL), spearheaded by Senior Advocates Shobha Gupta and Mahalakshmi Pavani.
Addressing the significance of representation in the judiciary, the Chief Justice stated that when half of the nation’s population looks toward institutions responsible for upholding constitutional rights but sees limited representation of women, the issue transcends mere statistics.
He said,
“It concerns the confidence of approximately 650 million Indian mothers, sisters, and daughters who must believe that the justice system understands their realities and will respond to them with fairness,”
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Justice Kant clarified that the call for representation is not about favoritism but about ensuring equal opportunity.
He stated,
“Any discussion today is not an argument for preference. It is an argument for a fair starting line – equal opportunity, equal responsibility, and equal space to demonstrate competence,”
He pointed out the structural barriers that women still face in the legal profession, including workplace biases, inadequate facilities, and professional expectations that often impose excessive burdens.
Despite these challenges, the CJI noted that many women have excelled in the field, and their presence on the Bench enhances the justice system by incorporating diverse lived experiences.
He said,
“Women who ascend to the Bench do not bring a separate standard of justice. The Constitution remains the same. But lived experiences deepen the Court’s engagement with the society it serves,”
Justice Kant acknowledged that some institutional measures have already been implemented to boost women’s representation in legal institutions. He mentioned the Supreme Court’s previous directives mandating a minimum of 30 percent of seats in State Bar Councils be reserved for women advocates, along with similar recommendations for Bar Associations throughout the country.
The CJI stated that such initiatives aim to strengthen the pipeline of women lawyers who may eventually be considered for elevation to the Bench.
He observed,
“If the pipeline is narrow at its source, the Bench cannot later be broad,”
He also highlighted encouraging trends within the district judiciary, where women now make up approximately 36.3 percent of the total working strength of judicial officers.
This, he noted, signifies a generational shift that could eventually lead to greater representation in higher courts.
He remarked,
“At the district level, the foundation is steadily strengthening. When the base of the system reflects greater inclusion, it is only a matter of time before that strength finds expression in the higher judiciary,”
Nonetheless, the CJI warned against complacency. He stressed that enhancing representation in the judiciary should be an ongoing institutional endeavor rather than a one-time reform.
Justice Kant concluded.
“The story should not be that one individual secured greater representation. It should be that the Supreme Court of India and the High Courts consciously embedded fairness into their processes,”
He emphasized that meaningful change would only occur when representation is rooted in institutional structures rather than relying on individual initiatives.
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