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Indira Jaising Boldly Slams SC Collegium
Indira Jaising Boldly Slams SC Collegium : Senior advocate and prominent women’s rights activist Indira Jaising has raised serious objections to the Supreme Court collegium’s recommendation to elevate Justice Vipul Pancholi, Chief Justice of the Patna High Court, to the Supreme Court. Her concerns strike at the heart of a longstanding issue—the glaring underrepresentation of women in India’s higher judiciary.
Currently, out of 32 sitting judges in the Supreme Court, only one is a woman – Justice BV Nagarathna. This imbalance, Jaising argues, reflects a systemic failure to ensure inclusivity and fair representation in judicial appointments.
Why Senior Women Judges Were Overlooked? Indira Jaising Questions SC Collegium’s Proposal to Elevate Justice Vipul Pancholi
Indira Jaising Flags Gender Bias in Appointments
Taking to the social media platform X (formerly Twitter), Jaising directly questioned why three senior women judges were overlooked in favor of Justice Pancholi. The judges she mentioned are:
- Justice Sunita Agarwal – Chief Justice of Gujarat High Court
- Justice Revati Mohite Dere – Senior Judge, Bombay High Court
- Justice Lisa Gill – Senior Judge, Punjab & Haryana High Court
According to her, these judges are not only senior in rank to Justice Pancholi but also equally competent and deserving of elevation to the apex court. Ignoring them, she argued, undermines the principle of merit and diversity while further widening the already massive gender gap.
The Gujarat High Court Factor
Another major concern Jaising raised was the overrepresentation of judges from the Gujarat High Court in the Supreme Court. Currently, both Justice JB Pardiwala and Justice Bela Trivedi hail from Gujarat. If Justice Pancholi is elevated, Gujarat would have three judges in the Supreme Court, while many other high courts remain underrepresented.
She also noted that under seniority norms for appointment of the Chief Justice of India (CJI), both Justice Pancholi and Justice Pardiwala could eventually become CJIs. This, she suggested, may unfairly tilt the balance of leadership in favor of judges from Gujarat, sidelining other deserving candidates from different regions and judicial traditions.
Justice BV Nagarathna’s Reported Dissent
In a rare development, reports indicate that Justice BV Nagarathna, the only serving woman judge of the Supreme Court, dissented during the collegium meeting. She reportedly opposed Justice Pancholi’s elevation, stating that the decision was not in the best interest of the judiciary.
Her dissent has amplified the controversy, with the Campaign for Judicial Accountability and Reforms (CJAR) demanding:
- Publication of Justice Nagarathna’s dissent note for public transparency.
- Disclosure of reasons behind Justice Pancholi’s transfer from the Gujarat High Court to the Patna High Court in 2023, which CJAR alleges was “not for normal reasons.”
This demand for transparency highlights the growing pressure on the collegium system, which has often been criticized for its opacity and lack of accountability.
Women’s Representation in the Judiciary: A Grim Reality
The statistics reveal a stark truth:
- The male-to-female ratio in the Supreme Court is 31:1.
- After Justice Bela Trivedi retires in July 2025, Justice BV Nagarathna will be the only woman judge in the Supreme Court.
- Since the appointments of Justice Hima Kohli, Justice BV Nagarathna, and Justice Bela Trivedi in 2021, there have been 28 new appointments to the Supreme Court under four Chief Justices—but none of them were women.
Despite frequent public commitments to gender justice and women empowerment, the actual appointments do not reflect these promises.
A Call for Judicial Reform
In her strongly worded post, Jaising asked:
“Is it just hypocrisy to talk about women empowerment? Are only men endowed with intelligence?”
Her criticism has reignited the debate on the need for reforms in the collegium system of judicial appointments. Legal experts and activists argue that without structured criteria, transparency, and inclusivity, the collegium will continue to fail in ensuring gender and regional balance in the judiciary.
Conclusion: A Moment of Reckoning for the Judiciary
The controversy over Justice Vipul Pancholi’s proposed elevation is not just about one appointment—it is about the future of India’s judiciary. The consistent sidelining of senior women judges raises fundamental questions about fairness, equality, and diversity in the judicial system.
If India’s Supreme Court is to reflect the values of justice and inclusivity, it must move beyond token representation and actively prioritize the appointment of qualified women judges. Jaising’s intervention has placed the collegium under the scanner once again, making this a crucial moment for introspection and change.
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