The Supreme Court on Thursday underscored the need for greater representation of women in the judiciary, asserting that such inclusivity would “greatly improve” the quality of judicial decision-making, particularly in cases impacting women.
A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma observed that promoting women’s participation in the judicial system was not only essential for achieving gender equality but also vital for ensuring a judiciary that is competent, committed, and diverse. The remarks came while reinstating a woman judicial officer in Rajasthan who was discharged from service during her probation.
“Greater representation of women in the judiciary would greatly improve the overall quality of judicial decision making, particularly in cases affecting women,” the bench said in its order.
The case pertained to a woman from the Scheduled Tribe category who was appointed to the Rajasthan Judicial Service on probation in February 2019. Despite clearing the examination in 2017 while battling a medical condition, she was never issued a posting order and was discontinued from service in May 2020 on the grounds that she was “not fit for confirmation.”
Challenging the August 2023 Rajasthan High Court order that upheld her discharge, the woman approached the apex court. The bench took note of her past employment as a government school teacher, a position she had voluntarily resigned from before appearing for her judicial service interview.
The top court held that her omission to disclose this prior service could not be considered a material irregularity. “This is certainly not a case where the appellant has suppressed criminal antecedents which may materially affect her commitment to the judiciary,” the court clarified, adding that there was no allegation of poor performance during her probation.
“She has been awarded capital punishment for a minor irregularity (omission),” the bench said, pointing to the disproportionate nature of the action taken against her.
The judgment also addressed the broader need for a gender-diverse judiciary. The bench highlighted three essential aspects for women’s effective participation: their entry into the legal profession, their retention and progression, and their elevation to senior positions. It noted that women judges bring valuable perspectives shaped by distinct social experiences, which enrich judicial outcomes.
Judicial appointments of women, particularly in senior roles, can also challenge traditional gender norms and inspire systemic change across governance structures. “Higher numbers and greater visibility of women judges can increase the willingness of women to seek justice and enforce their rights through courts,” the court noted.
The reinstatement of the officer, the bench emphasized, reflects a commitment not only to individual justice but also to the larger principle that diversity strengthens democratic institutions.
