Today, On 30th August, Kapil Sibal called on the Chief Justice of India to appoint more women to the higher judiciary. With the impending retirement of Justice Kohli, the number of Supreme Court judges will decrease to 33, leaving the court one short of its sanctioned strength of 34. Notably, this will reduce the number of women judges in the apex court to just two Justice B.V. Nagarathna and Justice Bela M. Trivedi. Sibal’s appeal highlights the need for greater gender representation in the judiciary.
New Delhi: Highlighting the shortage of women judges, Supreme Court Bar Association president and senior advocate Kapil Sibal on Friday urged Chief Justice of India D Y Chandrachud to appoint more women lawyers and judges in the higher judiciary.
While paying tribute to Justice Hima Kohli, who is set to retire on September 1 as the ninth most senior judge of the apex court, Sibal praised her for carving out a distinguished career and charting her own path in life.
With Justice Kohli’s retirement, the number of Supreme Court judges will decrease to 33, out of the sanctioned strength of 34, leaving only two women judges Justice B V Nagarathna and Justice Bela M Trivedi.
Sibal emphasized the potential of women in the legal profession, stating,
“I request the Chief Justice of India to consider women in law firms who understand the complexities of the business community. If Indian women can become CEOs of global companies like Pepsi, lead banks in India, and head commercial organizations, then women lawyers handling complex legal issues should be considered for appointments in different high courts.”
Rajya Sabha MP and Supreme Court Bar Association (SCBA) president, Kapil Sibal, addressed the farewell function organized by the SCBA for Justice Hima Kohli, where he highlighted the gender disparity in the judiciary. Sibal noted that Justice Kohli was only the ninth woman to serve as a judge in the Supreme Court, and posed a critical question,
“How, after nearly 75 years of Independence, have there been only nine women judges in the apex court?”
He remarked,
“That tells you something about the male mindset in this country… It tells you something about the nature of our profession. It also allows you to reflect on how we are shaping the future of our country, particularly in the legal profession.”
Sibal acknowledged the challenges faced by women in rising to the level of a Supreme Court judge, emphasizing that the journey from the bar to the bench is particularly difficult for women.
He observed,
“Now, if you look at the Supreme Court, there are very fine lady lawyers in our court, and yet, if you really notice, none of them is doing litigation in relation to business matters,”
He urged the Chief Justice of India to consider appointing more women from the top legal profession to high courts, highlighting that some women lawyers in the Supreme Court have a “phenomenal practice.”
Sibal argued,
“You have done it with male lawyers. You should also do it with women lawyers. And, I think this is something that we should collectively look at, because ultimately, if you give responsibility, and you know that our women are able to discharge any kind of responsibility, including the responsibility of the highest position in the country president, prime minister of India why not judges in the Supreme Court, and why not more judges in the high court?”
Praising Justice Kohli’s judicial qualities, Sibal noted,
“She possessed four essential traits , clear and forward-thinking vision, a firm grasp of practical realities, steadfast ethical principles, and the bravery to act on them.”
He added,
“If our judges were to actually each of them have these four essential traits, I think our judicial system will bloom to another level altogether.”
Justice Hima Kohli, born on September 2, 1959, in Delhi, is an alumna of St. Stephen’s College, where she graduated with honors in History.
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She completed her LLB at the Law Faculty, University of Delhi, in 1984. Justice Kohli began her judicial career as an additional judge of the Delhi High Court on May 29, 2006, and became a permanent judge on August 29, 2007.
She served as the Chief Justice of Telangana High Court before being appointed as a Supreme Court judge on August 31, 2021.