Chief Justice of India (CJI) Surya Kant on Sunday said that institutional intent alone is not sufficient to improve women’s representation in the higher judiciary and must be accompanied by concrete action.
He urged High Court collegiums across the country to actively consider meritorious women lawyers for judicial appointments and widen the zone of consideration where necessary.
Justice Kant said that where suitable women candidates are available, their consideration for elevation to the Bench should become the norm rather than an exception.
“Institutional intent is no longer enough. It must be accompanied by institutional imagination,” the Chief Justice said.
He also called upon High Court collegiums to broaden their search for eligible candidates.
The Chief Justice of India said that if suitable women candidates within a particular age bracket are not immediately available in a High Court’s jurisdiction, that should not become a barrier.
“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,” he said.
Justice Kant was speaking at 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 on the occasion of International Women’s Day.
The conference was organised by Indian Women in Law (iWiL), an initiative led by Senior Advocates Shobha Gupta and Mahalakshmi Pavani.
Speaking about the importance of representation in the judiciary, the Chief Justice said that when half of the country’s population looks at institutions responsible for safeguarding constitutional rights but finds limited representation of women, the concern goes beyond statistics.
“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,” he said.
Justice Kant clarified that the demand for representation is not about preference but about ensuring equal opportunity.
“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 said.
He also pointed to structural barriers that women continue to face in the legal profession, including workplace bias, inadequate facilities and professional expectations that often impose disproportionate burdens.
According to the CJI, despite these challenges, many women have excelled in the profession and their presence on the Bench strengthens the justice system by bringing diverse lived experiences.
“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,” he said.
Justice Kant noted that some institutional steps have already been taken to improve women’s participation in legal institutions.
He referred to the Supreme Court’s earlier directions mandating that at least 30 percent seats in State Bar Councils be reserved for women advocates, along with similar directions to Bar Associations across the country.
The CJI said such measures aim to strengthen the pipeline of women lawyers who may eventually be considered for elevation to the Bench.
“If the pipeline is narrow at its source, the Bench cannot later be broad,” he observed.
Justice Kant also highlighted encouraging trends in the district judiciary, where women now constitute around 36.3 percent of the total working strength of judicial officers.
He said this indicates a generational shift that could eventually translate into greater representation in higher courts.
“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,” he said.
At the same time, the CJI cautioned against complacency.
He said improving representation in the judiciary must remain a continuous institutional effort rather than a one-time reform.
“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,” Justice Kant said.
He added that meaningful change would come only when representation is anchored in institutional structures rather than dependent on individual initiatives.
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