New Delhi: Supreme Court judge Justice Ujjwal Bhuyan on Sunday said that in merit-based selection, women secure more than 50% of the posts of judicial officers in states, but in the collegium’s subjective assessment criteria, only very few women are selected as judges of high courts and SCs.Addressing the first national conference of the Supreme Court Bar Association in Bengaluru, Justice Bhuyan said there is a very good representation of women in the judicial services in the states, with some even crossing the 50% mark. “But has it been replicated in constitutional courts? That is the question. This is where the scrutiny of the collegium system comes in. Why is it that when evaluation becomes subjective, women do not make the grade? Out of 287 SC judges since 1950, we have had only 11 women judges overall. Why? Starting with Fatima Beevi and now Justice Nagarathna, it is about 2%,” he said.Justice Bhuyan said women constitute only 14% of HC judges. “Of the 25 HCs, we have only two women chief justices (CJs) – Gujarat and Meghalaya. Another will become CJ in a month’s time. This is also highly inadequate, three out of 25 HCs,” she said. “My research shows that whenever the recruitment process is purposeful, more women enter the judicial field. When India becomes a developed nation (Developed India by 2047), there should be more parity in gender representation in the judiciary. The SC should be a rainbow institution, which truly reflects the diversity of the country,” Justice Bhuyan said.Former CJI BR Gavai said there are several Supreme Court judgments which have stated that if the name of a person recommended for judgeship in the HC is returned by the government for reconsideration and reiterated by the collegium, the government has no option but to appoint him. “But there are many instances where even after repeated requests, persons have not been appointed,” he said. “The collegium is not a perfect system, but at least for the time being, it is the best fit for the country,” he said.“He said the judiciary has been criticized mainly for its inability to deal with arrears and backlog, delays in disposal of cases at various levels, lack of transparency in administrative decision making (appointment of judges), long holidays and lack of diversity, especially women’s representation in the constitutional courts.The former CJI said that the Supreme Court has made mistakes in many cases, including the first major decision related to right to life in the AK Gopalan case and the Emergency-era ADM Jabalpur case. “Criticism is important for any institution, including the judiciary,” he said.He recalled the maiden speech of the first CJI, Harilal Jacisandas Kania, who had said that the Supreme Court should function independently of the legislature and the executive, interpreting the Constitution as a living document.Justice Bhuyan said, “The SC must earn the respect of citizens, not demand it… Judicial power depends not just on law but on trust and legitimacy. Accountability, integrity and transparency must be made essential for the judiciary to function effectively in a democratic society. The judiciary has neither a purse nor a sword. Its only asset is the goodwill of the people, which is the core of judicial strength.”He said that institutions in a developed nation should have functional autonomy. “The investigating agencies as well as the media should be able to perform their duties without any political interference or control. Development should be in accordance with the Directive Principles of State Policy and no one should be deprived of development, especially those who have been historically neglected.”