Supreme Court Justice BV Nagarathna has disagreed with the view that the minimum three year practice requirement for entry into judicial service would discourage women aspirants, stressing that experience at the Bar is essential to becoming a competent judge. She emphasised that practical exposure to litigation equips future judges with the maturity and skills necessary to administer justice effectively.
She was responding to audience queries after delivering a lecture at the Chanakya National Law University, Patna. Vice Chancellor of CNLU, Professor Faizan Mustafa, opined that the Supreme Court's judgment mandating 3-year practice to enter judicial service will discourage women from joining the judicial service. Disagreeing, Justice Nagarathna said she did not share that apprehension.
She stated:"I disagree with you Sir. Next year, I will be completing 40 years in the Bar. I have so many things to learn. If students who come from the bench of the classroom to the bench of the Court hall, they are losing out on experience- please don't think losing three years is a loss of life. I am learning still at 40...If the student is not able to stand before a judge and make an argument, seeking a relief, how will you, as a judge, grant relief? Don't think the three year of life is lost. That is a very negative attitude you have."
She further observed that even three years of practice may not be sufficient, noting that the requirement is aimed at strengthening the justice delivery system through experienced adjudicators.She further stated that there is an unwritten expectation that a High Court judge should be at least 45 years old, underscoring that maturity is necessary to handle complex and sensitive matters.
Addressing concerns regarding the "Master of the Roster" convention, Justice Nagarathna clarified that the role of the Chief Justice ends once a case is assigned to a bench. She emphasised that judicial independence ultimately depends on the individual judge.She added: "Did anybody predict I would dissent in so many cases?"
Justice Nagarathna answered that ultimately it depends on the conviction, independence, and courage of the judge who has been assigned the matter. She observed that the relative absence of women judges and advocates is often linked to the multiple responsibilities women shoulder within families. She remarked: "The reason is, the dual role the woman has to play. If she takes up a career in law, she also has her household to look after."
Making a call for minimum 30% Women as government Law Officers, Justice Nagarathna urged governments to ensure that at least 30 percent of government law officers at the Centre, States, and in public sector institutions are women. She reasoned that greater representation would create a stronger pipeline for judicial appointments.
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