All-Women Judicial Benches: From 1925 Texas USA Bench to 2026 Dharwad Bench.

 

S Basavaraj, Senior Advocate, Bengaluru 

The announcement that the Dharwad Bench of the Karnataka High Court will function exclusively with all-women benches on 1 August marks a significant chapter in the history of the Indian judiciary. On that day, the special Saturday sitting of the Court will comprise seven benches with nine women judges each presided over exclusively by women judges.

While Indian courts have previously witnessed individual all-women benches, the simultaneous functioning of an entire court with only women judges across all its benches appears to be unprecedented. It is arguably the first instance of a major constitutional court dedicating an entire sitting exclusively to all-women benches.

This development is far more than a symbolic gesture. It reflects the steady progress made by women in the legal profession and the judiciary, while also reminding us of the long journey that remains towards achieving equal representation at all levels of the justice delivery system.

The World's First All-Woman Supreme Court – Texas, 1925

The concept of an all-women judicial bench is not entirely new. The earliest recorded instance dates back over a century to 1925, when the Texas Supreme Court in the United States constituted the first all-woman supreme court in judicial history.

The special bench consisted of: Hortense Sparks Ward as the who was appointed special chief justice, Hattie Leah Henenberg and Ruth Virginia Brazzil. It sat for five months, ruling on the case Johnson v. Darr, and was the first all-female supreme court in the history of the United States. https://en.wikipedia.org/wiki/All-Woman_Supreme_Court?utm_source=chatgpt.com

Their appointment arose out of an extraordinary constitutional necessity. Every male justice of the Texas Supreme Court was disqualified from hearing the case of Johnson v. Darr because of their association with the litigating organization. Since no eligible male judges remained, the Governor appointed three qualified women lawyers to constitute a special Supreme Court. The all-woman court heard the matter and delivered its judgment, thereby creating an enduring milestone in judicial history.

What began as a solution to an unusual procedural problem became a landmark demonstration that women possessed the same competence, independence and judicial temperament expected of the highest constitutional judges.

First-ever Supreme Cout of India women bench (2013): Formed by Justices Ranjana Prakash Desai and Gyan Sudha Misra.

Second SC women bench (2018): Formed by Justices R. Banumathi and Indira Banerjee.

Third SC women bench (1 December 2022): Presided over by Justices Hima Kohli and Bela M. Trivedi to handle transfer and bail petitions.

For the first time since the establishment of the Supreme Court in 1950, every judge constituting a three-judge bench was a woman.

The occasion reflected the increasing, though still limited, representation of women in India's highest court and inspired greater confidence among women entering the legal profession.

Nevertheless, fully all-women benches remain exceedingly rare, principally because women continue to be underrepresented in higher judicial offices worldwide. Even in countries where gender diversity has improved significantly, it is uncommon for an entire constitutional or appellate bench to consist exclusively of women.

Significance of the Dharwad Initiative. Against this historical background, the decision of the Dharwad Bench of the Karnataka High Court assumes exceptional significance. Unlike isolated all-women benches constituted to hear specific cases, the Dharwad initiative envisages every bench of the Court on that day being presided over exclusively by women judges. The functioning of seven all-women benches simultaneously represents a remarkable institutional statement in favour of gender inclusion within the judiciary.

It demonstrates that women today occupy every sphere of judicial responsibility—from deciding complex constitutional questions to adjudicating civil, criminal, commercial and writ matters. It also sends a powerful message to young women lawyers that the highest judicial offices are attainable through merit, dedication and professional excellence.

Beyond Symbolism. The true significance of such initiatives does not lie merely in the gender composition of the bench. The legitimacy of any judicial institution rests upon the independence, competence and integrity of its judges, irrespective of gender. At the same time, greater diversity on the Bench enriches judicial decision-making by bringing varied life experiences and perspectives to the interpretation and application of law.

Women judges have consistently demonstrated distinction in constitutional law, criminal justice, commercial disputes, family law and public interest litigation. Their increasing presence strengthens public confidence that the judiciary reflects the society it serves.

From the historic Texas Supreme Court of 1925, to the Supreme Court of India in 2023, and now the Dharwad Bench of the Karnataka High Court, the journey of all-women judicial benches illustrates the gradual yet meaningful evolution of judicial institutions towards greater inclusiveness.

The Dharwad initiative is therefore not merely a ceremonial event. It is a celebration of the remarkable progress made by women in the legal profession and a reminder that equal representation in the judiciary remains an important constitutional aspiration. While judicial appointments must always rest upon merit, ensuring that women have equal opportunities to reach the Bench is indispensable for building a judiciary that truly reflects the diversity, aspirations and constitutional values of the nation.