NEW DELHI: Chief Justice of India Surya Kant on Sunday fought for greater institutional reforms in the judiciary to bring more women into the legal field and said Supreme Court collegiums should view meritorious women as members of the bar to hold the position of judge as a rule rather than an exception.
Speaking at an event, the Chief Justice of India emphasized that members of the Bar must recognize and accept a simple fact: that women members do not seek concessions.
“They are seeking fair and adequate representation, which is long overdue,” he said to applause from women lawyers and members of the judiciary at the 1st National Conference of Indian Women in Law on the theme “Half the Nation – Half the Judiciary.” “Only when the profession itself comes to terms with this fact will the path to justice become clearer.”
The CJI has asked the Supreme Court collegiums to expand their scope of view and include women advocates from their states who are practicing in the Supreme Court for promotion.
CJI Kant said if progress is to be meaningful, it must be institutionalized. The story should not be that one individual got greater representation, but that the Supreme Court and high courts across the country should be careful to integrate justice into their processes.
He said: “We must all understand that reform of this kind is not an event; rather, it is an ongoing process. Developing institutional justice requires perseverance that goes beyond individual positions and beyond individual personalities. It may not reach its full fruition during my term, nor during the term of my brothers or fellow judges. However, the depth of our commitment cannot, and should not, be determined.”
When this happens, Kant added, representation will no longer depend on characters or moments of design, but will remain anchored in the structure of the institution itself, and this, in the end, is how lasting change is effected.
He said the scope for reform lies in the Supreme Court benches and they must realize that the time to take measured action is not in the future, but now.
“When there are suitable and worthy women members of the Bar, their consideration should not be an exception; it should be the rule. Where suitable candidates are not immediately available within a particular age group, in some High Courts or districts, that should not become a barrier. I earnestly request the Supreme Court colleges to widen their field of view and include women practicing advocates in the Supreme Court who belong to that state, for promotion,” he said.
Senior lawyers Shobha Gupta and Mahalakshmi Bhavani, associated with Indian Women in Law, welcomed the guests. They included former CJI NV Ramana and other Supreme Court judges, including Justice BV Nagarathna and Ujjal Bhuyan.
The ICJ highlighted that several women are currently serving as Chief Justices in various high courts, and the Punjab and Haryana High Court has as many as 18 women judges.
Likewise, the Madras and Bombay High Courts each have about a dozen women judges, he added.
Equally important, CJI Kant noted, is the encouraging scenario in the local jurisdiction which provides perhaps the clearest indication of what lies ahead.
“With women making up about 36.3 percent of the workforce of judicial officers at the district level, the foundation is steadily strengthening.
“Friends, this is not a simple statistic; I would argue that it reflects a generational shift. If we talk about a pipeline, from here it is clearly widening. When the base of the system reflects greater inclusion, it is only a matter of time before this strength finds expression in the higher judiciary,” he said.
These developments indicate that momentum has begun and the environment has been created, the CJI said.
He said: “With a steady increase in the number of women entering and excelling in the legal profession, it is natural and necessary that their presence on the bench grow appropriately. However, we must beware of complacency. Although the momentum is encouraging, it is not complete.”
Initially, Kant praised the journey of women in the legal fields and said: “It is worth noting that almost a century ago, under the reactionary colonial regime, women in this country were not even allowed to practice law. The distance traveled since then has been great, but it has not been accidental.”
He said women often bring distinct insights that shape how the law works in homes, workplaces and everyday realities, and thus, their presence not only adds diversity to the court, but deepens the court’s engagement with the community it serves.
“The legal profession has, over time, inadvertently developed a work climate that disproportionately imposes invisible costs on women. From late-night briefings and inadequate facilities to unspoken workplace bias and frequent questioning of authority. These are everyday realities, and I’m sure you’re all familiar with them.
“Yet, despite these burdens, countless amazing women have excelled in this profession because they believe in its spirit,” he added.
Kant said that every woman who takes her place on the bench sends a clear message to those who still face these obstacles that your perseverance is not unseen and is not in vain.
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