(a) whether the Government has taken note that the representation of women at all levels in the legal field is quite low, if so, the details thereof;
(b) whether the Government has taken any steps regarding under-representation of women in the judiciary; and
(c) if so, the details thereof and if not, the reasons therefor?
MINISTER OF LAW AND JUSTICE
(SHRI KIREN RIJIJU)
(a) to (c): As on 01.02.2022, 04 women Judges are working in the Supreme Court against the current sanctioned strength of 34 Judges and 83 women judges are working in various High Courts of the country against the sanctioned strength of 1098 judges. The appointment of Judges of the Supreme Court and High Courts are made under Articles 124 and 217 of the Constitution of India respectively. These Articles do not provide for reservation for any caste or class of persons. The Government has, however, been requesting the Chief Justices of the High Courts that while sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Schedules Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women.
As regards district and subordinate courts, under Article 235 of the Constitution of India, the administrative control over the members of district and subordinate judiciary in the States vest with the concerned High Court. Further, in exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the constitution, the respective State Government, in consultation with the High Court, frames the Rules and Regulations regarding the issue of appointment, promotion, reservations and retirement of Judicial Officers in the State Judicial Service. Hence, in so far as recruitment of judicial officers in the States is concerned, respective High Courts do it in certain States, whereas the High Courts do it in consultation with the State Public Service Commissions in other States. The Union Government does not have a role under the Constitution in the selection and appointment of judicial officers in District/ subordinate judiciary.
Bar Council of India has informed that the Advocates Act, 1961 does not provide for any special provision for women or for any reservation for them.
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