Gender Imbalance in the Higher Judiciary: The Case for an All-India Judicial Service
UPSC Relevance
Prelims: Indian Polity and Governance (Judiciary - Appointment of judges, Collegium System; All-India Services - Article 312; Union Public Service Commission - UPSC).
Mains:
General Studies Paper 1 (Society): Role of women and women's organization; Social empowerment.
General Studies Paper 2 (Polity & Governance): Structure, organization and functioning of the Executive and the Judiciary; Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies; Separation of powers between various organs; Role of civil services in a democracy.
Essay: Topics on Judiciary, Gender Justice, or Governance Reforms.
Key Highlights from the News
Low Representation of Women in Higher Judiciary:
Supreme Court: 3.1% women judges.
High Courts: 14% women judges.
Reason for Low Representation: The opaque Collegium system (where judges appoint judges) is cited as a major reason.
Contrast with Lower Judiciary:
Lower judiciary, where appointments are made through competitive exams, has 38% women's representation.
This indicates that competitive exams provide more equal opportunities.
Proposed Solution: Formation of an All-India Judicial Service (AIJS), similar to Civil Services.
Benefits of AIJS:
Ensures a merit-based and transparent selection process.
Provides more opportunities for women and other backward classes.
Constitutional Basis: Article 312 of the Constitution empowers Parliament to create an AIJS.
Proposed Model: UPSC conducts the exam, and the selected judges would be under the control of the Supreme Court.
Broader Principle: Judicial appointments are not solely a matter for the judiciary; citizens also have a stake, and an inclusive judiciary is essential.
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