Couldn't Appoint Women Judges To Supreme Court As There Was No One Senior Enough For Elevation : CJI DY Chandrachud

Chief Justice of India DY Chandrachud on Monday (November 4) revealed that the Collegium under him could not appoint a woman judge to the Supreme Court as there was no one holding a seniority position among the High Court judges for elevation.

The outgoing CJI, in his last working week, was talking at a discussion hosted by the Indian Express. Vandita Mishra, the Opinion Editor of the Indian Express, pointed out that during CJI Chandrachud's tenure, though 18 appointments were made to the Supreme Court, none of them was a woman. "Is that a regret you would live with?" she asked.

"I wouldn't call it a regret. Yes, I made an effort to explore whether women judges could be appointed. I have been part of collegiums where women judges have been appointed. So that's a matter of pride, that women judges were appointed during the time when I was a member of the collegium," he said.

CJI Chandrachud, due to demit office on November 10,  then explained that as per the process, the Collegium looks at two factors in High Court judges- seniority and credentials of the person, including the need for diversity.

"Now say a woman judge is at serial number 12 in a High Court. You don't appoint that judge to the Supreme Court merely because that judge is a woman. There are eleven judges ahead of that judge. That is not the way our system works. These are some of the parameters we have followed over the years," he said.

CJI then added, "I do realise the need for diversity in the system as well. But then you have to have a woman in that position. You may have a woman Chief Justice. But then there may be several others ahead of her from her own High Court. Then you have to ignore claims of others who are more senior merely to have one more woman. There are two views on it. I don't say that the answer we have found is the most appropriate."

Responding to a query whether there was a need for reservation in the judiciary for women, Scheduled Castes, Scheduled Tribes etc, CJI replied, "In the Supreme Court, we made a conscious decision to have greater diversity. In collegiums where I was a member, we have had women judges appointed. We have made conscious efforts to bring in judges from more marginalised segments of society. My colleagues who belong to a particular community were brought in because they were excellent judges. They didn't come under any quota. They came in because they were competent judges and on their own merit. Short of quota in the higher judiciary, in the district judiciary, every state would have their own rules and there would be rules of reservation in the States. In higher judiciary, we don't have reservations but a conscious effort is made to have greater diversity within the system."

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