Collegium, Merit & Gender in Judiciary: Justice Hima Kohli Speaks to Sanya Talwar (Part 1)| Lets Talk Law

Editor’s notes

When Justice Hima Kohli recalls her elevation to the Supreme Court, she calls it a momentous occasion. For the first time in India’s history, four women judges were sitting together in the top court. To me, that moment was more than symbolic. It was a signal to every young woman in the profession that the highest bench of justice is within reach.

Justice Kohli reminded me that judicial appointments are never about one factor alone. Merit is the bedrock, but the collegium also weighs diversity across states, communities, and gender. That balance, she said, is never easy.

Seniority no longer holds the sway it once did. In recent years, the collegium has gone lower down the list to select judges who bring the right mix of experience and representation. She was clear that this has always been the collegium’s way. Views differ, debates happen, but in the end, the majority prevails.

Her reflections on women struck me most. Many join the profession later, take breaks, or juggle family responsibilities that slow their rise. She made the case that looking beyond strict seniority for women is not a compromise but a correction. Women judges, she said, carry their own lived experience into the courtroom and their very presence builds public confidence in the judiciary.

At the same time, she offered a caution. Elevating puisne judges, whether men or women, can mean losing the administrative experience that comes with being a Chief Justice. Running courts, managing infrastructure, and working with governments are skills that matter at the highest level.

Listening to her, I came away with a simple truth. Judicial appointments in India are not just about seniority or token gestures. They are about finding the fine balance. Merit must remain central, but diversity is what gives that merit its meaning.