Describing the Collegium as a “male-dominated” body, Supreme Court judge Ujjal Bhuyan on Saturday suggested that it should invite a woman judge to take part in the proceedings to make it more inclusive.
Addressing the 12th Convocation of the University of Science & Technology, Meghalaya Justice Bhuyan highlighted the gender gap in the top court.
Out of 37 judges in the Supreme Court, only three are women, which did not reflect well on the institution when compared to the proportion of women lawyers and judges across India, he said, adding, “This is one aspect we need to look at seriously.”
The three women judges in the Supreme Court are: Justice BV Nagarathna, Justice Mohana and Justice Sunita Agarwal. Justice Nagarathna – who is likely to become the first woman Chief Justice of India on September 24, 2027 – is currently part of the Supreme Court Collegium.
Justice Bhuyan recalled that while addressing a seminar organised by women lawyers on adequate representation of women as senior advocates and judges he had suggested that inviting a woman judge to the Collegium would allow better representation of women.
“I had suggested that every Collegium…. These are male-dominated collegiums (in SC and HCs) we have… should incorporate a lady judge as an invitee to the Collegium proceedings. This will give a better representation of the situation at the Bar… It is indeed a great pride to see women doing exceptionally well,” Justice Bhuyan said.
“You have noticed that there has been an entry of a large number of women into the legal profession, but it’s not getting translated into adequate designations as senior advocates… My research has shown that when the selection is objective, or based on objective criteria, we see a large number of women in the (judicial) service”, he said.
In judicial services in Assam, Meghalaya, Rajasthan, Maharashtra, and Telangana, in Grade III judicial services, the entry of women is almost more than 50%. In Assam, it’s 65%. In Grade II, Chief Judicial Magistrate Level, women would be 45%, he said.
Justice Bhuyan, however, said, “When you move up to Grade I, it is a good 25-30% representation of women. But when the selection becomes subjective in its form, such as recommendation by the Collegium. Those from the legal background would know that suddenly there is a sharp fall in the percentage of women in the high courts or the Supreme Court.”
He also emphasised the need to inculcate scientific temper among the youth. “All that you need is the capacity to think rationally; what you say or think must be based on reason. It is an attitude of inquiry and openness to examination. It cannot happen overnight. The germination has to take place in the university,” Justice Bhuyan said.