The Supreme Court on Thursday said that time has come when a woman should be Chief Justice of India and stressed that there is no attitudinal change.
The top court said that it always has the interest of women in mind and its every collegium considers women for appointment as judges in higher judiciary.
Heading a bench, the CJI said he was of the view that the time was “now” to move in the direction of having the first woman Chief Justice of India. Justice Bobde retires on April 23.
Other judges on the bench, justices Sanjay Kishan Kaul and Surya Kant, agreed with the CJI as the top court heard a plea by The Supreme Court Women Lawyers Association to consider meritorious women advocates for appointment as judges in the high courts.
Advocate Sneha Kalita, appearing for the lawyers’ body, pointed out that among the 661 judges in the high courts, only 73 were women, accounting for just 11.04%.
Even as Kalita argued that women should have due representation in the high courts as judges, CJI Bobde said: “Why only in the high courts? Why not have the first woman Chief Justice of India? Why not now? Collegium always discusses the issue of representation.”
The CJI said, “Chief Justices of High Courts have told me that there is a problem that when women lawyers are asked for appointment as judges, they often deny it saying that they have domestic responsibility or they have to take care of the studies of their children”.
The bench said, “We have the interest of women in mind. There is no attitudinal change in it. Hopefully, they (women) will be appointed”.
The apex court currently has five vacancies out of the sanctioned strength of 34 judges. Of 29 judges, there is only one woman.
All eyes are now on the next CJI, justice NV Ramana,to see if he can resolve the deadlock and get the other four senior judges in the collegium to arrive at an agreement on justice Nagarathna’s elevation to the Supreme Court.
Once justice Ramana takes over on April 24, the other members of the collegium will be justices Rohinton F Nariman, Uday U Lalit, AM Khanwilkar and Dhananjay Y Chandrachud.