Judge Calls for Greater Representation for Women in Legal Profession

At Least 30% of Advocates on Government Legal Panels Should Be Women

March 16, 2025

At a recent seminar, Supreme Court Justice B.V. Nagarathna drew attention to the lack of adequate representation of women in the legal profession, judiciary and political leadership roles in India. She also called for ensuring at least 30 percent reservation for women advocates in legal panels representing state and central governments, as well as in the panels advising public sector units. 

Justice Nagarathna pointed out that women advocates under the age of 45 were rarely appointed to High Courts, despite competent male advocates regularly securing such appointments, as reported by Bar and Bench. She questioned this disparity, stating that the capability of women advocates was equal to their male counterparts, and therefore they should be afforded similar opportunities.

She was speaking at the seminar titled “Breaking the Glass Ceiling: Women Who Made It,” organised by the University of Mumbai in collaboration with the Indian Council of Social Science Research. The event marked the centenary celebrations of Cornelia Sorabji, India’s first woman advocate, who was also the first Indian woman to graduate with a Bachelor of Civil Law degree from Oxford University.

During her address, Justice Nagarathna also acknowledged other trailblazing women in India’s legal history, such as Regina Guha, whose application to practise law was rejected by the Calcutta High Court on the grounds that the Legal Practitioners Act did not explicitly permit women.

Justice Nagarathna also recognised the contributions of less visible women, such as Asha workers, mothers and caregivers, whose roles she argued were critical to maintaining social structures and enabling others to succeed outside the home. She said the contributions of these women, although often overlooked, were equally significant and required recognition and appreciation.

Justice Nagarathna referred to the 33 percent reservation for women in Parliament and state assemblies, according to Hindustan Times. Despite a law enacted in 2023 providing for women’s reservation in legislative bodies, its implementation has not yet occurred.

Currently, women occupy just 14 percent of Lok Sabha seats, 15 percent of Rajya Sabha seats and fewer than 7 percent of ministerial positions. Implementation of this reservation is dependent on the forthcoming census (expected around 2027), which will also involve adjustments to constituency boundaries.

Justice Nagarathna urged prompt action to realise the constitutional goal of gender equality through political representation.

She suggested that entrenched societal and gender stereotypes that limit women’s professional advancement need to be dismantled. She cited historical examples, such as Razia Sultan, whose loss of power was linked to gendered perceptions of leadership.

Justice Nagarathna clarified that promoting inclusivity does not compromise meritocracy but rather challenges prevailing biases. She referred to the positive outcomes resulting from the Companies Act, 2013, which mandated greater female representation on corporate boards.

To address barriers women face professionally, Justice Nagarathna advocated the introduction of mentorship programmes to guide women in their careers.

Further, she said gender diversity on judicial benches was needed, arguing that diversity brings multiple perspectives and ensures fair, balanced decisions. Despite near-equal numbers of women and men graduating from prominent law schools, Justice Nagarathna observed a significant drop-off in women’s representation at higher professional levels.