Justice Ujjal Bhuyan of the of India has issued a pointed call for the reform of the Collegium, arguing that the institution remains "male-dominated" and must take immediate, concrete steps to integrate women into its decision-making processes. Speaking at the 12th convocation of the University of Science & Technology, Meghalaya, Justice Bhuyan emphasized that the current composition of the apex court does not adequately represent the burgeoning number of women practicing law or serving as judges across the country.
The call for reform comes at a time when the highest levels of the Indian judiciary are under scrutiny regarding diversity and the transparency of . With the currently operating with a total strength of 35 judges, only three of whom are women, Justice Bhuyan noted that this ratio fails to align with the demographic shift occurring within the legal profession. His remarks signal a growing concern within the judicial fraternity that the lack of institutional representation for women at the decision-making helm risks stagnating progress on broader equality objectives.
Bridging the Gap Through Strategic Inclusion
Justice Bhuyan proposed a pragmatic solution to address this imbalance: the formal inclusion of a woman judge as an invitee to the Collegium’s proceedings. By diversifying the voices participating in the selection and appointment process, the Collegium could better account for the diverse perspectives and experiences present at the Bar. This approach, he argued, would serve as a vital mechanism for ensuring that talent, rather than historical bias, dictates the path toward elevation to the .
"I had suggested [since] these are male-dominated collegiums we have, it should incorporate a lady judge as a invitee to the Collegium proceedings,"
Justice Bhuyan remarked.
"This will give a better representation of the situation at the Bar."
This suggestion is not merely a theoretical exercise; it draws upon Justice Bhuyan’s recent interactions with the legal community. He recalled a seminar held in March within the complex, where he engaged with women lawyers regarding the obstacles to their advancement as and judges. During those discussions, the consensus focused on the necessity for structural changes to overcome the " " that remains prevalent in the .
The Paradox of Professional Success
A central theme in Justice Bhuyan’s address was the striking disparity between the success of women entering the legal field and their eventual representation in senior designations. While women are increasingly entering the profession in significant numbers and demonstrating exceptional merit in courtrooms across India, this professional success is not being proportionately translated into higher judicial appointments or designations as .
Justice Bhuyan highlighted specific examples, such as Justice Mohana of the Bar and Justice Sunita Agarwal, the current Chief Justice of the , as indicators that women are more than capable of leading the legal system. However, he cautioned that relying on individual success stories to symbolize is insufficient. According to the judge, the lack of a systemic pathway for women to ascend to the highest offices constitutes a profound concern that the judiciary must examine with serious intent.
The reluctance to diversify the Collegium, he implied, reflects an outdated mode of operation that struggles to keep pace with the realities of modern legal practice. By failing to integrate more women into the core of judicial administration, the institution risks losing out on a wider pool of legal expertise and diverse perspectives that could strengthen the quality of justice dispensed by the courts.
Systemic Changes and Future Outlook
The proposal for an invitee-based inclusion represents a potential shift in how the handles internal administration. By creating a role for a woman judge within the Collegium’s deliberations, the court would move toward a model of governance that prioritizes institutional inclusivity. Such a move would not require fundamental amendments to the existing structures of the collegium but could be implemented through shifts in procedural practice and internal consensus.
For the legal community, Justice Bhuyan’s intervention adds weight to a long-standing debate about the transparency and composition of the . The issue of gender balance in the judiciary is frequently cited by legal activists and bar associations as a critical component of institutional credibility. When judges like Justice Bhuyan advocate for these changes from public platforms, it often precedes more substantive internal reviews or policy adjustments aimed at fostering equity.
As the judiciary looks to the future, the pressure to reform appointment practices remains persistent. The immediate path forward involves balancing the traditional methods of selection with a modern mandate for equality. Whether the Collegium will formalize the inclusion of women judges as invitees remains to be seen, but the public call from a sitting judge ensures that the conversation on institutional diversity will remain a priority in upcoming administrative sessions. The focus now shifts to whether this proposal will gain the necessary support to alter the long-standing demographic trends that have characterized the composition of the ’s leadership for decades. For now, the legal community watches to see if these suggestions will be integrated into the next round of internal judicial appointments and structural reform discussions, setting a new precedent for representation in the highest echelons of the law.
judicial representation - collegium reform - women in law - judicial diversity - legal gender parity
