Khushi
The top court has not had a woman Chief Justice of India even after 70 years of its existence. Chief Justice of India (CJI) SA Bobde on Thursday said the time had come when a woman should be the Chief Justice of India.
He also stressed that the collegium only needs to find capable candidates but does not need a change in attitude to ensure greater representation of women in the judiciary.
While hearing a plea filed by the Supreme Court Women Lawyers Association (SCWLA) that women should have due representation in the high courts as judges, CJI Bobde said, “Why only in the high courts? Why not have the first woman Chief Justice of India? Why not now? Collegium always discusses the issue of representation.”
Justices Sanjay Kishan Kaul and Surya Kant, on a special bench, agreed with the CJI during hearing a plea to consider meritorious women advocates for appointment as judges in the high courts.
The fact was pointed out by Advocate Sneha Kalita, appearing for the lawyers’ body that among the 661 judges in the high courts, only 73 were women, accounting for just 11.04% representation of women in higher judiciary.
“From the chart it is reflected that, from the 1,080 of sanctioned strength of judges (including both Permanent and Additional Judges) we have 661 number of judges out of which, only 73 number are women judges which accounts for a 11.04 of women judges,” the plea said.
In the plea it was further added, “since independence till date, there have been only eight (08) women judges appointed in the Supreme Court out of a total 247 judges appointed from 1950 till as on date (2020)”.
CJI with support of Justice Kaul added, “Chief Justices of High Courts have stated that there is a problem that when women lawyers are asked for appointment as judges, they often deny it saying that they have domestic responsibility or they have to take care of the studies of their children”.
It sought a direction to consider meritorious women lawyers practicing in the Supreme Court and high courts for appointment of judges in high courts.