GS2 2021 Q2 10 marks 150 words Judiciary and Gender

UPSC Mains 2021 GS2 Q2 — Judiciary and Gender

Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (Answer in 150 words)

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Related Prelims MCQs

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Source Map — where to read

Democratic Politics-II. Political Science-Class X . NCERT(Revised ed 2025) · Gender, Religion and Caste · p.34 Polity

"All this is well known. Yet issues related to women's well being or otherwise are not given adequate attention. This has led many feminists and women's movements to the conclusion that unless women control power, their problems will not get adequate attention. One way to ensure this is to have more women as elected representatives. In India, the proportion of women in legislature has been very low. For example, the percentage of elected women members in Lok Sabha has touched 14.36 per cent of its total strength for the first time in 2019. Their share in the state assemblies is less than 5 per …"

Indian Polity, M. Laxmikanth(7th ed.) · World Constitutions · p.799 Polity

"! 2021 TEST PAPER f • 1. 'Constitutional Morality' is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of 'Constitutional Morality' with the help of relevant judicial decisions. • 2. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. [150 words] • 3. [150 words] 10 6. The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States…"

Democratic Politics-II. Political Science-Class X . NCERT(Revised ed 2025) · Gender, Religion and Caste · p.44 Polity

"• 1. Mention different aspects of life in which women are discriminated or disadvantaged in India.• 2. State different forms of communal politics with one example each.• 3. State how caste inequalities are still continuing in India.• 4. State two reasons to say that caste alone cannot determine election results in India.• 5. What is the status of women's representation in India's legislative bodies?• 6. Mention any two constitutional provisions that make India a secular state.• 7. When we speak of gender divisions, we usually refer to: • (a) Biological difference between men and women• (b) Une…"

Indian Polity, M. Laxmikanth(7th ed.) · World Constitutions · p.796 Polity

". The local self-governance system in India has not proved to be an effective instrument of governance. Critically examine the statement and give your views to improve the situation. [150 words] 10 • 2. Critically examine the Supreme Court's judgement on 'National Judicial Appointments Commission Act, 2014' with reference to appointment of judges of higher judiciary in India. [150 words] 10 • 3. 'Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government's accountability to the people' Discus…"

Democratic Politics-II. Political Science-Class X . NCERT(Revised ed 2025) · Gender, Religion and Caste · p.35 Polity

"Do you think that women could have made the gains we noted above if their unequal treatment was not raised in the political domain? If casteism and communalism are bad, what makes feminism a good thing? Why don't we oppose all those who divide the society on any lines – caste, religion or gender?…"

How this topic is evolving

New Dimension Connected to trend: Substantive Equality & Transformative Jurisprudence · 96 recent news items

The discourse on judicial representation has transitioned from a general call for diversity to a specific demand for 'substantive equality' as highlighted in the 2024 Davinder Singh ruling. The focus is no longer just on demographic presence (formal equality) but on how judicial diversity acts as a tool for 'Transformative Jurisprudence' to address structural disadvantages and intersectional identities.

A current examiner could reframe this as:

Moving beyond mere numerical representation, how can the inclusion of marginalized identities in the higher judiciary foster 'transformative jurisprudence' in India? Critically examine in light of the shift from formal to substantive equality. (Answer in 250 words)

Why this framing: The Supreme Court's 2024 ruling in State of Punjab v. Davinder Singh regarding sub-categorization and substantive equality.

Question Decoded — examiner's intent

Directive verbs
Discuss
Scope keywords
greater representation to womenhigher judiciarydiversity, equity and inclusiveness
Implicit sub-parts
  • The current status and statistics of female representation in the Supreme Court and High Courts.
  • The functional benefits of gender diversity on judicial decision-making and legal empathy.
  • Structural and systemic barriers preventing women from reaching the bench (e.g., collegium trends, glass ceilings).
  • How increased representation translates to institutional legitimacy and 'equity' for women litigants.
Common pitfalls
  • Focusing too much on the lower judiciary (Subordinate courts) instead of the 'higher judiciary' as specified.
  • Giving a generic essay on women's empowerment without linking it to judicial outcomes or the 'equity' aspect.
  • Failing to mention specific names of pioneers or current data (e.g., Justice B.V. Nagarathna or the 13% average).
  • Missing the 'desirability' nuance by only listing problems instead of arguing why this change is essential for the institution.
Dimensions required
ConstitutionalSociologicalInstitutionalComparative (Global benchmarks)
Marks allocation hint

Spend approximately 30 words on the current statistical reality, 80 words on the core argument for diversity and equity (the 'Desirability' factor), and the final 40 words on addressing systemic hurdles and a forward-looking conclusion.

How examiners have framed this topic over the years

Evolution from functional utility and institutional representation toward complex conceptual frameworks and workplace-specific ethical challenges in public service.

Scope Widening Based on 5 cross-year PYQs

Previously, in 2019, examiners viewed women's empowerment through a functionalist lens, linking it to population control. The 2021 question marked a shift toward institutional representation in the higher judiciary, focusing on diversity and equity. Subsequently, the framing expanded from institutional presence to the 'meaningful participation' in legislatures (2023), the ethical and efficiency challenges faced by female public servants (2024), and finally reached a high level of conceptual abstraction in 2025 by examining 'social capital' as a driver of gender equity.

Dimensions tested
Functional utility of empowerment (population control)Institutional representation (Judiciary and Legislature)Conceptual distinctions between equality, equity, and empowermentRole of external actors (Civil Society Groups)Workplace ethics and gender-specific administrative challengesSocial capital and sociological drivers of empowerment
Angles still under-tested
Impact of digital technology and AI on gender equity and women's participation in the workforceIntersectionality (caste, religion, or disability) within women's representation in governanceGlobal comparisons of legislative quotas and their impact on Indian policy formulation
PYQs this pattern was synthesized from

Answer Skeleton — fill this in

Introduction

Despite 75 years of independence, women comprise only around 12-14% of the higher judiciary, highlighting a significant gender gap in the collegium system [Laxmikant, Ch. 25 & 26]. Ensuring gender parity is essential for a representative democracy and an inclusive justice delivery system.

Body

Constitutional and Legal Mandate

  • Article 14 and 15(3): Equality before law and special provisions for women necessitate proactive steps to bridge the gender divide [NCERT Class XI, Indian Constitution at Work].
  • Substantive Equality: Moving beyond formal equality to ensure proportional representation in decision-making roles.

Enhancing Diversity and "Gender Perspective"

  • Diverse Life Experiences: Women judges bring unique perspectives on issues like matrimonial disputes, domestic violence, and sexual harassment [PRS Legislative Research, Judicial Reforms].
  • Empathy in Adjudication: Improved sensitivity in interpreting laws related to gender-based violence (e.g., Vishaka guidelines/POSH Act).

Equity and Institutional Credibility

  • Public Trust: A judiciary that reflects social diversity gains higher public legitimacy and trust.
  • Breaking the Glass Ceiling: Greater representation encourages more women to join the legal profession and seek elevation from the Bar.

Addressing Structural Barriers

  • Collegium Transparency: Need for objective criteria to counter the "old boys' club" phenomenon in judicial appointments [Laxmikant, Ch. 25].
  • Work-Life Balance: Addressing the lack of support systems and infrastructure in courts that hinders the career progression of women lawyers.

Conclusion

Achieving gender balance in the higher judiciary is not just about numbers, but about enriching the jurisprudence of equality. A roadmap involving transparency in the National Judicial Appointments Commission (NJAC) debate and targeted recruitment from the Bar is essential for a truly inclusive Temple of Justice.

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