INTRODUCTION
While commemorating the 74th Republic Day, the Supreme Court of India comes closer to a new significant milestone: its Diamond Anniversary. For 74 years, the Supreme Court of India has performed its functions diligently as the Guardian of the Constitution, ensuring that legislative enactments align with constitutional statutes. It also continues to protect the Fundamental Rights of all individuals residing in the territory of this country.
Throughout its eminent legacy, over 200 Justices have had the opportunity to preside over the office of the Supreme Court of India.[1] However, out of this, only a meagre of 11 have been women. This transcends to a mere constitution of about 4% of the total number of judges that have presided in the Supreme Court to be women[2].
As we move towards the Seventy-Fifth year of judicial prevalence in our country, it is regrettable to see the disproportionately low diversity in the bench of the Court. This diminished representation of women in the highest echelons of Justice in our country portrays an image of inequality that India does not stand for. There is an imperative need for a more diverse and inclusive judiciary to foster an environment conducive to equitable participation.
HISTORY OF THE INDIAN BENCH
The Supreme Court of India was established on 26th January 1950 and is located in the capital city of India- New Delhi. The inaugural bench of the Supreme Court consisted of India’s first Chief Justice- Chief Justice Harilal J. Kania, and five other Justices who presided over the Federal Courts. These were Justices- Saiyid Fazl Ali, M. Patanjali Sastri, Mehr Chand Mahajan, Bijan Kumar Mukherjea, and S. R. Das.[3]
Under the Original Provision, the Supreme Court worked with a requirement of seven judges only. Further, they were mandated to adjudicate on cases presented to them collectively. However, this arrangement became increasingly inutile owing to the burgeoning workload. Therefore, a periodic increase in the strength of the bench was agreed upon. It went from 8 in 1950, 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, and 31 in 2009. As of 2019, it is at 34, including one Chief Justice of India and 33 other judges.[4]
This progressive increment in the bench strength of the Supreme Court is crucial for the judiciary to handle the escalating caseload effectively they are faced with and for the assurance of just and equitable judicial administration in India.
WOMEN AND THE SUPREME COURT OF INDIA
The history of India’s highest Court has been quite diverse. It has witnessed everything, from the formulation to the nullification of laws and statutes, shaping the legal landscape of the country. It has helped protect justice by delivering judgments that are in accord with the fabric of society. Surrounded by this illustrious history, the glaring absence of representation of half the country’s population emerges. The underrepresentation of women in the judiciary has been a prominent topic of discussion. Women’s representation in the Apex Court has been far and wide. Only eleven women have presided over the Supreme Court of India’s chambers, and none have ascended to the pinnacle of authority as The Chief Justice of India.
Justice Fathima Beevi’s appointment to the Supreme Court of India in 1989 was a significant milestone in Indian history as she became the first woman Judge to be sworn in as a Justice, about 40 years after the institution of the Supreme Court. Her appointment defied societal conventions and paved the way for an era of inclusivity and diversity. In her tenure, Justice Beevi was committed to the ideals of justice and equality, which resonated through her landmark judgments, each working towards bridging the gap between gender disparity and constitutional values. In Mary Roy v. State of Kerala[5], which dealt with women’s rights in the father’s property, she affirmed equal rights of inheritance for women. Another notable judgment by Justice Beevi came in the case of Scheduled Caste and Weaker Section Welfare Association v. State of Karnataka[6], wherein she strongly objected to the use of arbitrary power and affirmed Natural Justice adhering to the Constitution of India[7]. Even through her spectacular achievements, Justice Beevi was acutely cognizant of the gender disparity in the Supreme Court of India. While formally acknowledging the advocates and judges in India, she wisely identified the obstacles that hinder the increase in women’s representation in the legal system. Her foresight reveals the difficulty in achieving gender equality in the hollowed halls of justice. The ginormous gap in the history of women’s representation continued to remain existent with the next woman judge to be appointed by The Supreme Court, Justice Sujata Manohar, in 1994.
The composition of the SC Bench also provides a distressing picture. In the 74 years of the Supreme Court of India’s functioning, only eleven women Justices have been appointed, reflecting a gross underrepresentation within the Apex Court of the country. The highest representation of women in the composition came in 2021 when three Justices- Hima Kohli, B. V. Nagarathna, and Bela Trivedi were appointed simultaneously, increasing the number of women on the bench to four. This still constituted only a 12% representative ratio[8]. Even in the current scenario, when the Supreme Court bench is at total capacity after the appointment of Justices Satish Chandra Sharma, Augustine George Masih, and Sandeep Mehta, the total number of women on the bench stands at a mere three.[9] This ongoing discrepancy highlights the disproportionate diversity in positions of leadership in the legal system and the inadequate portrayal of women at the highest echelons of justice.
India has yet to witness the appointment of a female Chief Justice to lead the highest judicial office in our country. However, a seminal moment appears to be on the horizon as the tenure of Justice B. V. Nagarathna impends in 2027. The upcoming tenure, which is only for a modest period of 36 days, bears great significance, marking it as a historic milestone.[10] Although small, the tenure represents a departure from the entrenched cycle of patriarchy that has historically existed in the Judicial Administration of the Apex Court of India. This appointment not only proves her merit but also symbolizes a beacon of hope for a more equitable and inclusive judiciary.
CONCLUSION
In the mosaic of India’s rich cultural history and incredible talent, the judicial administration portrays an image of justice with some of the most notable and landmark judgments that have changed the course of history. However, a glaring paradox exists- the gross underrepresentation of women in the country’s highest Court. The gap in gender disparity on The Bench represents a poignant reminder of the patriarchal norms that continue in the judicial sector. With India striding towards its rightful place as a global superpower, it is upon us to dismantle the gender barriers within the Apex Court. With the introduction of more women as judges and advocates, The Supreme Court can foster a more inclusive environment where representation is equitable across all sections of society. By addressing the gender disparity, India can uphold its commitment to Justice while demonstrating its readiness to adapt to change and growth.
Author(s) Name: Girisha Sharma (Symbiosis Law School, Pune)
Reference(s):
[1] Supreme Court of India (main.sci.gov.in) <https://main.sci.gov.in/chief-justice-judges> accessed 3rd February 2024
[2] Khadija Khan, ‘Does the Indian judiciary have a ‘patriarchy problem’?’ (Indianexpress.com, November 26, 2023) <https://indianexpress.com/article/explained/explained-law/indian-judiciary-fathima-beevi-women-justices-9041769/#:~:text=They%20include%20Justices%20Sujata%20Manohar,only%2011%20have%20been%20women.> accessed 4th February 2024
[3]Supreme Court of India (main.sci.gov.in) <https://main.sci.gov.in/chief-justice-judges> accessed 3rd February 2024
[4]ibid
[5]Mary Roy v. State of Kerala, (1986) 2 SCC 209
[6]Scheduled Caste and Weaker Section Welfare Assn. (Regd.) v. State of Karnataka, (1991) 2 SCC 604
[7]Ritu, ‘Justice M. Fathima Beevi, First Woman Judge of the Supreme Court of India, passes away…’ (scconline.com , November 23, 2023)
<https://www.scconline.com/blog/post/2023/11/23/justice-m-fathima-beevi-first-female-supreme-court-judge-passed-away-scc-blog-legal-research-news/> accessed 4th February 2024
[8]Bhadra Sinha, ‘Alarming gender disparity in judiciary: 4 women judges out of 33 in SC, 66 out of 627 in HCs’ (theprint.in, 13th October, 2021) <https://theprint.in/judiciary/alarming-gender-disparity-in-judiciary-4-women-judges-out-of-33-in-sc-66-out-of-627-in-hcs/749684/> accessed 5th February 2024
[9]Supreme Court of India (main.sci.gov.in) <https://main.sci.gov.in/chief-justice-judges> accessed 5th February 2024
[10] SC0 ‘B. V. Nagarathna (scobserver.in) <https://www.scobserver.in/judges/bangalore-venkataramiah-nagarathna/#:~:text=Career%20as%20a%20Judge&text=Nagarathna%20J%20occupied%20this%20position,this%20position%20for%2036%20days.> accessed 6th February 2024
