Justice Gita Mittal Questions Collegium on Lack of Women Judges in India
Former Chief Justice Gita Mittal candidly questioned the collegium system over the severe underrepresentation of women in judicial appointments, highlighting structural biases at the Indian Women in Law conference. Her remarks underscored a broader national issue of gender disparity in India's judiciary, prompting calls for urgent reforms to ensure equitable representation across all court levels. This event brought into focus the ongoing challenges faced by women in the legal profession.
Key Highlights
- Justice Gita Mittal questioned the collegium on the absence of women in judicial appointments.
- She highlighted structural biases affecting women's judicial careers, including leave-related downgrades.
- India's higher judiciary has significantly low women's representation (Supreme Court ~3%, High Courts ~14.85%).
- Other judicial figures, including CJI Surya Kant, called for concrete action to improve gender parity.
- The collegium system faces criticism for its opacity and male-dominated selection process.
- Lack of women judges impacts public trust and gender-sensitive justice delivery.
Former Chief Justice of the Jammu and Kashmir High Court, Justice Gita Mittal, recently brought to the forefront the pressing issue of gender imbalance within the Indian judiciary, particularly concerning the collegium system's recommendations for judicial appointments. Speaking at the Indian Women in Law (IWiL) conference on March 9, 2026, Justice Mittal recounted a stark incident where she directly challenged the absence of women's names during a Delhi High Court Collegium discussion on judicial appointments. When a fellow collegium member questioned if there were 'enough' women judges (six out of 35 in the Delhi High Court at the time), Justice Mittal retorted, 'don't you think there are enough men?' a statement that was met with silence.
Her powerful anecdote underscored the deeply entrenched structural biases and barriers that women continue to face in entering and advancing within the legal profession and judiciary. Justice Mittal elaborated on how such systemic issues can adversely affect women's careers, citing an instance where a district judge's Annual Confidential Report (ACR) was downgraded due to taking maternity leave and leave for her mother-in-law's illness, while her husband, also a judge, did not take similar leave. She also advocated for a more transparent judicial appointment process, suggesting that candidates should have an opportunity to respond to any adverse inputs received during background checks.
The conference, titled 'Half the Nation, Half the Bench: The Way Forward,' served as a critical platform to discuss improving women's representation in the higher judiciary. Other prominent voices at the event echoed Justice Mittal's concerns. Chief Justice of India (CJI) Surya Kant emphasized that mere institutional intent is insufficient; concrete action is needed to enhance women's representation. He urged High Court collegiums to broaden their scope of consideration and treat the elevation of meritorious women lawyers as a norm, rather than an exception. CJI Kant highlighted that a judiciary lacking adequate representation from half the population raises questions about its legitimacy and the confidence of millions of Indian women in the justice system.
Currently, the statistics paint a concerning picture of gender disparity in the Indian judiciary. As of early 2026, women comprise only about 3% of the judges in the Supreme Court, with Justice B.V. Nagarathna being the lone woman out of 33 judges. Historically, only 11 women have ever been appointed to the Supreme Court since its inception in 1950, accounting for a mere 3.8% of total appointments. India has yet to see a woman Chief Justice of India, though Justice Nagarathna is expected to briefly hold this position in 2027. In the High Courts, women constitute approximately 14.85% of the total working strength of judges (116 out of 781 across 25 High Courts as of February 2026). Several High Courts still have very few or no women judges. The representation is comparatively better at the district and subordinate court levels, where women make up around 37-38% of judges.
Justice Dipankar Datta of the Supreme Court, also speaking at the IWiL conference, raised concerns about the collegium system's opacity, noting that even judges are often unaware of its functioning and meeting locations. While stressing that judicial appointments must be guided by merit, Justice Datta cautioned against reducing the conversation about women's representation to mere numbers, yet acknowledged the need for broader consideration of deserving women candidates. He also revealed an instance where he declined to recommend a woman lawyer for elevation due to perceived immaturity, highlighting the subjective nature of some assessment processes.
The reasons for low representation are multifaceted, including structural barriers, male-dominated collegium appointment systems, societal biases, and workplace issues. The 'leaky pipeline' phenomenon means fewer women progress to higher judicial positions despite entering the legal profession. Challenges include an uncomfortable environment, lack of supportive infrastructure like childcare facilities and adequate maternity leave, limited mentorship, and networking opportunities. The underrepresentation also leads to a lack of gender-sensitive justice and fewer role models for aspiring women lawyers.
Calls for reforms include affirmative action, transparent selection processes, gender-neutral policies, improved support systems, and stricter enforcement of anti-harassment measures. The Supreme Court Bar Association (SCBA) has also voiced deep concern over this imbalance, urging the Chief Justice and Collegium to prioritize appointing more women judges, advocating for proportional representation that reflects women's potential in the legal field. The ongoing discourse by prominent judicial figures like Justice Gita Mittal and CJI Surya Kant at significant legal forums underscores the critical importance of addressing this gender disparity for the credibility and efficacy of India's justice system.
Frequently Asked Questions
Who is Justice Gita Mittal and what significant statement did she make?
Justice Gita Mittal is a retired Indian judge and former Chief Justice of the Jammu and Kashmir High Court. She gained significant attention for questioning the collegium system's lack of women judges during a discussion on judicial appointments, famously asking, 'Don't you think there are enough men?'
What is the current representation of women in India's higher judiciary?
As of early 2026, women are severely underrepresented in India's higher judiciary. They constitute approximately 3% of Supreme Court judges (1 out of 33) and about 14.85% of High Court judges across the country (116 out of 781).
What are the main challenges hindering women's progression in the Indian judiciary?
Key challenges include structural and societal biases, a male-dominated collegium system lacking transparency, insufficient supportive infrastructure (like childcare and adequate maternity leave), limited mentorship and networking opportunities, and the 'leaky pipeline' phenomenon where women disproportionately drop out before reaching higher judicial positions.
Why is increasing women's representation in the judiciary considered important?
Greater participation of women is crucial for ensuring gender equality, bringing diverse perspectives to judicial reasoning, enhancing public trust and legitimacy in the justice system, and providing vital role models for aspiring women in the legal profession. A representative judiciary is seen as essential for delivering gender-sensitive and comprehensive justice.
What reforms are being suggested to address the gender imbalance in the judiciary?
Suggested reforms include broadening the zone of consideration for judicial appointments to actively include meritorious women, implementing transparent selection processes, providing better institutional support like childcare facilities and flexible timings, addressing gender bias, and potentially considering affirmative action to ensure equitable representation.