Why are HC's still Waiting? CJI Surya Kant says Cast a Wider Net, Women Lawyers across India are ready for the Bench

In a clear and timely administrative push, Justice Surya Kant has called upon Chief Justices of all High Courts to move swiftly in filling judicial vacancies, while also ensuring that women are meaningfully represented in the process of elevation. The message comes at a moment when rising pendency and persistent gender imbalance continue to test the efficiency and inclusivity of the higher judiciary, making immediate corrective action not just necessary, but inevitable.

What emerges from this communication is a candid acknowledgement of two enduring structural concerns, vacancies that strain the system, and a visible gap in diversity at the higher levels of the judiciary. A considerable number of sanctioned posts in High Courts remain unoccupied, inevitably slowing the pace of justice delivery and increasing the workload on sitting judges. At the same time, although women have made notable inroads at the district judiciary level, their presence thins out significantly when it comes to constitutional courts. This uneven progression reflects deeper systemic issues, ranging from delayed recommendations to a traditionally narrow zone of consideration within collegium processes.

Against this backdrop, the CJI has urged High Courts to adopt a more forward-looking and responsive approach. The emphasis is not only on expediting pending recommendations but also on anticipating vacancies and initiating the process early, recognising that judicial appointments involve multiple stages and stakeholders. Importantly, the communication encourages High Courts to widen their lens while identifying candidates. Where suitable candidates are not readily available within a State, collegiums have been advised to consider capable women advocates practising in other forums, including those appearing before the Supreme Court, thereby moving towards a more expansive, merit-based selection framework.

At its heart, the message seeks a shift in approach rather than a mere procedural correction. The CJI has underscored that delays at the High Court level have a ripple effect across the entire appointments process, ultimately impacting the justice delivery system. More crucially, he has made it clear that gender inclusion cannot be treated as an afterthought. As he observed, “consideration of suitable, meritorious women members of the Bar should not be an exception but a norm.”

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