The Supreme Court has commended the growing number of women entering the judiciary, noting that close to 60% of newly appointed judicial officers are women. The court emphasized that it’s time to focus on upgrading infrastructure and facilities to ensure women lawyers and judges can work more effectively.
During a hearing on a petition advocating for a consistent, gender-sensitive policy for allocating professional chambers and cabins to women advocates in courts and bar associations nationwide, a bench comprising Justices Surya Kant and Joymalya Bagchi made these observations. Justice Kant, who is slated to become the Chief Justice of India in November, highlighted that women in the legal field have achieved success purely on their own merit, without any special provisions. He pointed out the significant female representation in the judicial service, stating, “In our judicial service, almost 60% of officers are women. They are there not because of any reservation…there is no preference for them. It is solely on merit. That’s why I find it a little bit paradoxical why you ask for any privilege?” He also suggested that any preferential treatment for women should also be considered for lawyers with disabilities.
However, the court acknowledged that the primary challenge is no longer about representation but about fostering an enabling environment through better infrastructure, including chambers, workspaces, and family support facilities. The court noted that the new Supreme Court building incorporates designs that consider the evolving needs of legal professionals, proposing alternatives to traditional chambers such as shared workspaces, common areas, and dedicated client meeting rooms.
Senior advocate Sonia Mathur, representing the petitioners, argued that chamber allocation is an infrastructural necessity rather than a matter of merit. She explained that the lack of such spaces disproportionately impacts women advocates, many of whom manage both professional duties and family responsibilities. The bench also suggested exploring on-campus creche facilities and other support systems to help retain young women in the legal profession, as many are compelled to leave due to insufficient institutional backing. Justice Kant added that similar considerations should extend to lawyers with special needs.
Consequently, the court issued notices to the Union government, the Supreme Court’s Secretary General, the Supreme Court Bar Association (SCBA), and the Bar Council of India, requesting their responses. The petition, submitted by eight women advocates, seeks preferential treatment or reservation of chambers for women lawyers in future allocations. It also calls for the construction and prioritized allotment of professional spaces to women advocates with over 25 years of practice who are still on the SCBA waiting list.
The petitioners highlighted that despite practicing for 15-25 years, many women lawyers have not been assigned chambers under the current system, which lacks affirmative measures. They pointed out that recent allotments of 68 cubicles in the Supreme Court’s D Block between July and October 2024 did not prioritize women, despite previous calls for such consideration. The petitioners described the existing system as one with “facially neutral yet outcome-inequitable procedures,” arguing that it fails to address the structural disadvantages faced by women, particularly those from smaller towns or marginalized backgrounds. They asserted that the absence of accessible professional spaces infringes upon their constitutional rights.