Introduction

In recent times, the Supreme Court of India has been heralded for delivering important judgments on women's rights—for instance, in matters of equal rights for women who are serving the army and in relation to decriminalising adultery. These cases are cited for furthering gender equality and individual choice and autonomy. However, while the Court has dispensed several landmark judgments, its own internal processes and procedures have raised many questions. It has also been roundly criticised for the opaque manner in which it handled a case of sexual harassment against the former chief justice of India, Ranjan Gogoi, where in the first instance he decided to sit as a judge in his own cause, which goes against the principles of natural justice and due process. While he was ultimately exonerated, the process adopted and the hurried nature in which it was summarily decided left the complainant with little opportunity to present her case or appeal the processes adopted by the Court. The lack of transparency in dealing with the case demonstrated the gap between the Court's rulings and its internal procedures in matters of rights of women in the Indian judiciary at the highest court of justice in India.

One of the ways in which gender inequality can manifest in the administration of the court is in terms of judicial appointments. The debate around greater diversity in court appointments is not a new one and, to this end, it is important to examine what makes the Indian judiciary an unwelcome place for women—as judges or lawyers and litigants or consumers of the justice system—and how this can be changed. This chapter would like to focus on whether the court as an institution that promotes constitutional values is able to promote equal opportunities for women within the institution. We examine the judicial appointment process of the Supreme Court of India, as well as its structure and functioning, to understand how this has contributed in particular to the under-representation of women on the bench. In doing so, we also include the latest practice of directly elevating senior advocates to the bench, as well as several incidents in the recent past that have further contributed to making the judiciary unwelcoming for women.