Gendered silences? The lack of women chief justices in India

Dipika Jain

Chapter 24 in Elgar Companion to Female Chief Justices in Comparative Perspective, 2026, pp 518-541 from Edward Elgar Publishing

Abstract: India has not yet had a woman Chief Justice of its Supreme Court, a stark reminder of the gendered exclusion embedded in the country's judicial Institution. While considerations of geography, caste, and religion are informally factored into judicial appointments, gender remains persistently overlooked. This chapter examines the gendered exclusion embedded within India's higher judiciary, particularly focusing on the absence of women Chief Justices in India. It further analyses the power of Chief Justices in India and the power they hold over structural reforms. Finally, by centring the experiences and jurisprudential contributions of women judges such as Justice Ruma Pal, Liela Seth, and B. V. Nagarathna, the chapter reveals the deeply embedded structural and institutional barriers that continue to hinder women's ascent to the highest echelons of the Indian judiciary and the missed opportunities to meaningfully elevate these jurists to the highest positions. In doing so, the chapter calls for systemic reforms to ensure a more inclusive and representative judiciary.

Keywords: Indian judiciary; Gender diversity; Structural barriers; Chief Justice of India; Judicial appointments; Women judges (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035308637
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