Topic: Structure, organization and functioning of the Executive and the Judiciary
Q2. “Rising representation of women in the higher judiciary signifies a shift towards substantive constitutional equality”. Evaluate its impact on judicial functioning and legitimacy. Suggest measures to institutionalise this trend. (15 M)
Difficulty Level: Medium
Reference: TH
Why the question
Recent collegium recommendations showing increased appointment of women judges have revived debates on judicial diversity and substantive equality.Key Demand of the question
The question requires examining how rising women representation reflects substantive constitutional equality, evaluating its impact on judicial functioning and legitimacy, and suggesting measures to institutionalise this trend.Structure of the Answer:
Introduction
Briefly highlight constitutional vision of equality and growing presence of women in higher judiciary.Body
- Substantive constitutional equality: Women’s representation as shift from formal equality to real inclusion in institutions
- Impact on functioning and legitimacy: Influence on judicial reasoning, access to justice and public trust
- Measures for institutionalisation: Structural reforms in appointments, pipeline strengthening and institutional support
Conclusion
Emphasise need to embed diversity as a core principle of judicial system for long-term legitimacy.
