Few women pass academy’s subjective assessment: SC judge

New Delhi: Women occupy more than 50 per cent of judicial officer posts across states on merit-based selection, but only a handful are selected as high court and Supreme Court judges on the commission’s subjective evaluation criteria, Supreme Court Justice Ujjal Bhuyan said on Sunday.Justice Bhuyan, while addressing the first national conference of the Supreme Court Bar Association in Bengaluru, said the percentage of women in the judiciary in various states is very high, even exceeding 50% in some cases. “But is it replicated in the Constitutional Court? That is the question. This is where the review of the collegium system comes in. Why do women fall short when assessment becomes subjective? Since 1950, out of 287 Supreme Court judges, we have had a total of only 11 women judges. Why? Starting with Fathima Beevi and now Justice Nagarathna, the ratio is about 2 per cent,” he said.Justice Bhuyan said that only 14% of high court judges are women. “Out of 25 HCs, we have only two women Chief Justices (CJs) – Gujarat and Meghalaya. A woman CJ will become the chief justice in a month’s time. This is also very insufficient, there are only three out of 25 HCs,” he said. “My research shows that as long as the recruitment process is objective, more women will enter the judiciary. When India becomes a developed country (Viksit Bharat by 2047), gender representation in the judiciary should be more equal. The Supreme Court must be a rainbow institution that truly reflects the diversity of the country,” Justice Bhuyan said.Former CJI BR Gavai said multiple Supreme Court rulings have shown that if the names of persons recommended for high court judgeships are returned to the government for reconsideration and reiterated by the collegium, the government has no option but to appoint them. “But in many cases, candidates are not appointed even after repeated reiterations,” he said, adding that “the collegial system is not a perfect system, but at least for now, it is the best for the country.”“He said the main reasons for criticism of the judiciary were the inability to address arrears and backlogs, delays in case processing at all levels, lack of transparency in administrative decisions (appointment of judges), excessive vacations and lack of diversity, especially the representation of women in the Constitutional Court.The former CJI said the SC had erred on many occasions, including the first major judgment related to right to life in the AK Gopalan case and the Emergency-era ADM Jabalpur case. “Criticism is important for any institution, including the judiciary,” he said.He recalled the first speech of the first Central Committee Chairman Harilal Jekisondas Kania, who said the Supreme Court must function independently of the legislature and executive while interpreting the Constitution as a living document.Justice Buyan said: “The Supreme Court must earn the respect of citizens, not demand the respect of citizens… Judicial power depends not only on the law but also on trust and legitimacy. For the judiciary to function effectively in a democratic society, accountability, integrity and transparency must be essential. The judiciary has neither a purse nor a sword. Its only asset is the goodwill of the people, which is the core of judicial power.”In developed countries, institutions must have functional autonomy, he said. “Investigative agencies and the media should be able to carry out their duties without any political interference and control. Development should be in line with the guiding principles of national policy and no one should be excluded from development, especially those who have been historically neglected.”