SCBA Demands Collegium Action on Judiciary's Severe Gender Imbalance

NEW DELHI – The Supreme Court Bar Association (SCBA) has formally escalated its campaign for greater gender diversity in the higher judiciary, passing a powerful resolution that expresses "grave concern" over the stark underrepresentation of women on the benches of the Supreme Court and the nation's High Courts. The resolution, dated August 30, 2025, serves as a direct and urgent appeal to the Chief Justice of India and the Collegium to prioritize the appointment of women judges in all forthcoming selection rounds.

The move by the influential bar association highlights a growing impatience within the legal fraternity over the persistent gender disparity, which the SCBA argues undermines public confidence and fails to reflect the diversity of Indian society. The resolution follows several unsuccessful attempts by its President, Senior Advocate Vikas Singh, to prompt action through direct correspondence with the Chief Justice, signaling a more public and formal phase in its advocacy.

The Stark Numbers: A Statistical Indictment

The SCBA's resolution is grounded in disquieting statistics that paint a clear picture of institutional imbalance. The Association has highlighted that across the country, out of a total sanctioned strength of nearly 1100 High Court judges, a mere 103 positions are held by women. This figure, representing less than 10% of the working strength, stands in bleak contrast to the approximately 670 posts occupied by men.

The data reveals not just a nationwide disparity but also a complete absence of female representation in several states. "The SCBA noted that several High Courts such as Uttarakhand, Tripura, Meghalaya, and Manipur currently have no women judges at all," the resolution states. This 'zero-representation' in multiple High Courts underscores the systemic nature of the issue, suggesting that the pipeline for elevating women to the bench is either flawed or non-existent in certain jurisdictions.

This data-driven approach by the SCBA moves the conversation beyond anecdotal observations, presenting the Collegium with a statistical indictment of the current appointment landscape. The figures challenge the notion of a merit-based system that is naturally producing the most qualified candidates, suggesting that implicit biases or structural barriers may be preventing meritorious women from reaching the bench.

Supreme Court in Focus: A Widening Gap

The resolution places a particular focus on the nation's apex court, where the gender gap is arguably most conspicuous. The SCBA recorded its "strong disappointment" that in a recent round of appointments, no woman was considered for elevation to the Supreme Court. This omission is compounded by the fact that no woman judge has been appointed to the Supreme Court since 2021.

Currently, Justice B.V. Nagarathna is the sole woman among the sitting judges of the Supreme Court. While she is in line to become the first female Chief Justice of India in 2027, her solitary presence on the bench is a stark reminder of the long road ahead for gender parity. The SCBA’s resolution implicitly argues that her historic, albeit brief, tenure as CJI should be the beginning of a new norm, not a tokenistic exception.

The backdrop to this renewed call for action is the recent and continuing controversy surrounding the appointment of Justice Vipul Pancholi to the Supreme Court. Legal circles have been rife with questions as to why he was elevated over at least three senior women Chief Justices and judges of various High Courts, prompting a wider debate on the transparency and criteria—particularly the role of seniority—in the Collegium's decision-making process.

Beyond Representation: Enriching Judicial Perspective

The SCBA's appeal transcends a mere numbers game. The resolution powerfully articulates the foundational principles underpinning its demand. "Greater gender balance on the Bench is essential not only for fair and equal representation but also for strengthening public confidence in the judiciary, enriching judicial perspectives, and reflecting the diversity of society in the institution of justice," it asserts.

This argument posits that the inclusion of women in the judiciary is not an act of concession but a prerequisite for a robust and legitimate legal system. Diverse benches are more likely to consider a wider range of experiences and social contexts, which can lead to more nuanced and comprehensive jurisprudence, particularly in cases involving gender, family law, and discrimination.

The presence of more women judges can also make the judicial system more approachable and accessible for women litigants and lawyers, fostering an environment of greater trust and inclusivity. By reflecting the society it serves, the judiciary strengthens its own legitimacy and authority.

A Persistent Call for Systemic Change

This is not the SCBA's first attempt to address the issue. The resolution recalls that its President, Vikas Singh, had penned letters to the Chief Justice of India on May 24 and July 18, 2025, urging the Collegium to ensure "at least proportional representation for women in higher judicial appointments." The passage of a formal resolution by the entire association indicates that these earlier, more discreet entreaties did not yield the desired consideration.

The SCBA has now resolved to formally request the Chief Justice of India and the other members of the Collegium to give "urgent and due consideration" to this matter in upcoming appointments to both the Supreme Court and the High Courts.

As the Collegium prepares for its next round of recommendations, it will do so under the intensified scrutiny of its own bar. The SCBA's resolution has laid down a clear marker, transforming the issue of gender representation from a background concern into a primary test of the Collegium's commitment to building a modern, inclusive, and truly representative judiciary. The response, or lack thereof, will be closely watched by the entire legal community.