Justice Gavai, witness to fixing inclusivity

When Droupadi Murmu walked into the Durbar Hall of Rashtrapati Bhavan for the swearing-in of B R Gavai as India’s 52nd chief justice on Wednesday, the moment was quietly monumental. In that single frame, decades of India’s democratic journey, social churn and constitutional promise came into sharp focus – the country’s first tribal and second female president administering the oath to India’s second dalit and first-ever Buddhist top judge.

While there is, indeed, much to celebrate in Gavai’s appointment, this may be the right occasion to recognise that the judiciary still falls short of true inclusivity, particularly in caste and gender representation. Former CJI D Y Chandrachud underlined this challenge when he said that ‘structure of the legal profession, which is patriarchal and sometimes caste-based… it has to change’. In 2023, GoI told Parliament that of 575 HC judges appointed between 2018 and March 20, 2023, only 1 in 6 belonged to SC (17), ST (9), or OBC (67) categories, and 18 came from minority communities. Gender gaps are just as stark. All 52 CJIs have been men, and only 11 women have ever served as SC judges. This is not surprising considering the baseline is low. India Justice Report (IJR) 2025 notes that women make up only 38% of district judiciary, and 14% of HC judges.

IJR 2022 found that no state met all caste-based quota in lower courts. Yet, reservations alone cannot ensure diversity in any institution. In fact, Articles 124 and 217 of the Constitution, which govern appointments of SC and HC judges, respectively, don’t mandate caste-based quotas. To move the needle, any institution, judiciary included, must recognise its own biases, take corrective action, and build systems that reward inclusion. India is no Trump-ruled US.