Institute of Legal and Management Studies

The Supreme Court today (May 22) underscored the underrepresentation of women in the judiciary and emphasized that increased participation of women is essential for advancing gender equality.

“Many have stressed that increased diversity within a judiciary, and ensuring judges are representative of society, enables the judiciary as a whole to better respond to diverse social and individual contexts and experiences. It is a recognition of this fact that a greater representation of women in the judiciary, would greatly improve the overall quality of judicial decision making.”, the court observed.

The bench comprising Justices BV Nagarathna and SC Sharma made the aforesaid observation while reinstating a female judicial officer, belonging to Scheduled Tribe category, who had been dismissed for allegedly failing to disclose her previous government employment.

According to the Court, to holistically understand women's effective participation in the Judiciary, it is important to look at three main phenomena:

(I) the entry of women into the legal profession;

(II) the retention of women and growth of their numbers in the profession; and

(III) the advancement of women, in numbers, to senior echelons of the profession.

Noting that the facts of the case did not warrant the dismissal of the candidate, as she had resigned from the government job before joining judicial service though this fact was not informed, the judgment authored by Justice Sharma emphasized on advancing women's greater participation in the judiciary which plays a role in promoting gender equality in broader ways:

a. Female judicial appointments, particularly at senior levels, can shift gender stereotypes, thereby changing attitudes and perceptions as to appropriate roles of men and women.

b. Women's visibility as judicial officers can pave the way for women's greater representation in other decision-making positions, such as in legislative and executive branches of government.

c. Higher numbers, and greater visibility, of women judges can increase the willingness of women to seek justice and enforce their rights through the courts.

“The country will greatly benefit from a judicial force that is competent, committed and most importantly, diverse. The appellant has shown great perseverance by fighting societal stigmas and gaining a rich education that will ultimately benefit the judicial system and the democratic project. This Court is of the opinion in the peculiar facts and circumstances of the case that the impugned show cause notice as well as the order of discharge deserve to be set aside and are accordingly set aside.”, the court added.

Case Title: Pinky Meena v. The High Court of Judicature for Rajasthan at Jodhpur & Anr., SLP(C) No. 23529/2023

Citation : 2025 LiveLaw (SC) 610

Click Here To Read/Download Judgment

Also From Judgment: Supreme Court Reinstates Rajasthan Judicial Officer Dismissed Over Alleged Concealment Of Govt Job