7/11/22, 4:25 PM First woman judge of the Supreme Court - iPleaders

First woman judge of the Supreme Court

By Sneha Mahawar - July 11, 2022

This article is written by Mohammad Sahil Khan of Dr. Ram Manohar Lohiya, National
Law University, Lucknow. The article talks about the first woman judge of the Supreme
Court of India. Her early life, career progression, achievements and some of the
landmark judgements delivered by her are also reflected upon. The article also discusses
certain issues associated with the judicial setup and how to tackle them.

This article has been published by Sneha Mahawar.

Table of Contents 

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1. Introduction
2. Early life of the first woman judge of the Supreme Court
3. Career of the first woman judge of the Supreme Court
3.1. Judicial career
3.2. Governor
3.3. Other roles
4. Major judgments of Fathima Beevi’s career
4.1. Assam Sillimanite Ltd. v. Union of India, (1992)
4.2. Scheduled Caste and Weaker Section Welfare Assn. v. the State of Karnataka, (1991)
4.3. Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay, (1992)
4.4. Mool Chand v. Jagdish Singh, (1993)
4.5. Rattan Chand Hira Chand v. Askar Nawaz, (1991)
5. Major decisions in Fathima Beevi’s career as a governor
6. Reasons for inadequate representation of women in higher judiciary
6.1. Patriarchal society
6.2. Opaqueness in the collegium system functioning
6.3. No women’s reservation
6.4. Familial responsibilities
6.5. Lack of serious attempt
6.6. Judicial infrastructure
6.7. Scarcity of women in litigation
7. Need for women judges
8. Way forward
9. Honours and awards received by Fathima Beevi
10. Controversies 
11. Conclusion
12. Frequently asked questions
13. References

Introduction
Judiciary in India is essentially a patriarchal setup. It can be deduced from the fact that
all 26 High Courts in the country are headed by male Chief Justices. It is a troubling
situation because the judiciary has delivered various landmark verdicts to ensure gender
equality, but such inadequate representation of women in the higher judiciary is indeed
troubling. No woman has ever held the office of Chief Justice of India since
independence, and it is unlikely to happen in the near future. However, Justice Fathima
Beevi fought against all the odds and became the first woman judge of the Supreme
Court after 40 years of the establishment of the Constitution of India. 

Early life of the first woman judge of the Supreme

Court
Fathima Beevi was born on 30th April 1927 at Pathanamthitta in the erstwhile Travancore
state, which is presently known as Kerala. She was the eldest of her eight siblings. Her
father was a government servant. He encouraged her academically, and Fathima was
herself academically very driven. She completed her schooling at Town School and
Catholicate High school in 1943. Further, she attained a B.Sc. degree from the University
College of Thiruvananthapuram, and later on, she did her law graduation from
Government Law College, Thiruvananthapuram. 

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After completing her schooling, Fathima moved to a new city at the tender age of 16
years during the pre-independence era. This speaks volumes of her zeal to achieve
greatness. Fathima’s father, Annaveetil Meera Sahib, played a major role in shaping her
career. Fathima wanted to pursue an M.Sc degree after completing her B.Sc degree, but
her father dissuaded her and urged her to study law as he contemplated that by
completing an M.Sc, she would become a professor and he wanted her to do something
big. Fathima’s father was highly inspired by Anna Chandy, who was the first woman
judicial officer working in the state of Travancore. Seeking inspiration from her, he
pushed his daughter to flourish in the judicial setup. Not only in the higher judiciary but
also in her law school, Fathima Beevi witnessed a patriarchal setup as she was one of the
only five girls in her batch. She completed her law degree in 1950 and appeared for the
Bar Council of India examination and achieved the rare feat of being the first woman to
top the exam. She was rewarded with a gold medal from the Bar Council. 

Career of the first woman judge of the Supreme

Court

Judicial career
On completion of her law degree, Fathima Beevi joined the lower judiciary as an
advocate in 1950 and worked diligently for eight years. In 1958, she was inducted as a
munsiff in the Kerala Subordinate Judicial Services. From thereon, Fathima Beevi never
looked back and achieved new echelons as the years passed by. She made remarkable
progress in her career, from Subordinate Judge in the Kerala Subordinate Judicial
Services (1968-72) to serving as the Chief Judicial Magistrate from 1972-74. In 1980,
she became a judicial member of the Income Tax Appellate Tribunal, where she served
for a period of three years, till 1983. 

Furthermore, her career trajectory took off to even greater heights and she became a
judge of the Kerala High Court. This was a remarkable achievement and an exponential
career growth because till then, there were hardly any females in the higher judiciary,
and by becoming a judge of the high court, she also became the first Muslim woman to
be appointed to the higher judiciary. One would assume that this would be the pinnacle
point for Fathima Beevi, but she had some other plans and just six months prior to her
retirement, she was appointed as the first woman judge of the Supreme Court. Not
only in India, but she also became the first woman judge of a Supreme Court in Asia.
The magnitude of this achievement cannot be measured on any scale because it took
almost 40 years for a woman to become a judge of the Supreme Court. It was a historic
feat, and Fathima Beevi rightly said, “I opened a closed door.” This statement is true in

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every essence because the doors of the higher judiciary were almost kept shut for
women, and by opening the door, Fathima Beevi instilled the belief in the women that
they too could get into the higher judiciary. Fathima Beevi was very honest in her work.
She was always well versed with the cases that she was going to hear and was always
courteous in her approach. 

Governor
Fathima Beevi retired from the post of the Supreme Court judge in 1992. Five years
later, she found herself in a new role as the Governor of Tamil Nadu on the
recommendation of M. Karunanidhi, the Chief of Dravida Munnetra Kazhagam. On her
appointment, Shankar Dayal Sharma, the then President of India, appreciated her
contribution to the judicial setup and stated that her insights and valuable experience
would prove to be a great asset. The humility of Fathima Beevi was one of the most
attractive traits of her personality. She did not live the extravagant life of a governor, but
rather lived like a hermit in the Raj Bhavan. From being a retired judge of the Supreme
Court to becoming the Governor of Tamil Nadu was a giant leap, and the journey was not
as smooth as she would have expected. The career of Fathima Beevi as a governor was
marked by some major controversies. Finally, she completed her career as a governor
after vacating her office in 2001, after serving for a tenure of four years.

Other roles
Apart from serving the majority of her career in the judiciary and as a governor, she also
held several other posts. During her tenure as the Governor of Tamil Nadu, she also
served as the Chancellor of Tamil Nadu University. She also became a member of the
National Human Rights Commission (NHRC) in 1993. If these roles were not enough,
Fathima Beevi was appointed as the Chairman of the Kerala Commission for Backward
Classes in 1993. 

Major judgments of Fathima Beevi’s career

In her long and illustrious career, Fathima Beevi had presided over various case hearings
and has been very profound in her decision-making. Here are some of the landmark
cases that were judged by Fathima Beevi:

Assam Sillimanite Ltd. v. Union of India, (1992)

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In this case, the Bench had to adjudicate on the matter of whether a state enactment
was constitutionally valid or not. Justice Fathima Beevi observed that the Court has the
power to scrutinise the validity of any state enactment, even if it means implementing
directives mentioned in Article 39 of the Constitution. 

Scheduled Caste and Weaker Section Welfare Assn. v.

the State of Karnataka, (1991)
The case was pertaining to limiting statutory power. The case was important as it talked
about the welfare of the public at large to protect them against the arbitrary power
exercised by the State or its officers. Justice Fathima Beevi held that citizens must be
protected from the excessive power vested by State authorities against them, she
further stated the rule of natural justice must be used while checking the exercise of the
power. 

Ramesh Hirachand Kundanmal v. Municipal Corporation

of Greater Bombay, (1992)
In this case, Justice Fathima Beevi made an important observation regarding the
‘necessary party’ under Order 1 Rule 10(2), Civil Procedure Code. Justice Fathima made
the distinction between ‘necessary party’ and ‘necessary witness’. According to Justice
Beevi, if a person has relevant evidence regarding the questions involved, then he would
be a necessary witness. The prerequisite for a person to be a ‘necessary party’ is that
the individual should be bound by the result of the action and the question to be settled.
The requirement of the individual to be bound by the result and that the questions in
action cannot be settled unless he or she is the party defines what constitutes a
‘necessary party’. 

Mool Chand v. Jagdish Singh, (1993)

This case discusses the possibility of overturning a judgement given by the High Court.
The observation made in the judgement was that if there were two views on the basis of
the evidence presented and if the high court adopted the view of acquitting the accused,
the Supreme Court would be rather slow to interfere with the ruling of the high court.
The only scenario where the judgement of a high court can be overturned is when the
high court has committed a grave error in the appreciation of the evidence and has
misdirected himself by ignoring legal principles before coming to the conclusion. If the
procedure followed by the high court is not in accordance with the laws established, such
decisions would be characterised as perverse or illegal, and then the Supreme Court of
India can interfere with the judgement by exercising its power under Article 136 of the
Constitution of India. However; if the judgement of the high court is supported by cogent
reasons, then the ruling order will be sustained. 

Rattan Chand Hira Chand v. Askar Nawaz, (1991)

In this case, the validity of a contract under the purview of Section 23 of the Indian
Contract Act, 1872 was in question. Justice Fathima Beevi, in her observation, held that

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every agreement whose consideration is unlawful would be void. The consideration of an

agreement is unlawful if it is opposed to public policy. Anything that is done against
public policy or public law would be illegal inasmuch as the interest of the public would
suffer in case a contract against public policy is permitted to stand. She also held that
public policy is a principle of judicial interpretation based on the current requirements of
the community and it has to be changed over the passage of time in order to prevent it
from being redundant. 

Major decisions in Fathima Beevi’s career as a

governor
After her retirement from the judiciary, Fathima Beevi experienced a new challenge as
the Governor of Tamil Nadu. Her journey was not as smooth as the one she experienced
in the judiciary. Perhaps her journey as a governor was marked by tumultuous times.
She made a few bold decisions, but a few controversies also arose because of her
decision-making.

As the Governor of Tamil Nadu, she rejected the mercy petition filed by the four
condemned prisoners in Rajiv Gandhi’s assassination case. The mercy petitions were
filed by the prisoners where they pleaded with the governor to exercise her power to
grant pardon under Article 161 of the Constitution. 

Fathima Beevi appointed Jayalalitha as the Chief Minister of the state of Tamil Nadu
when she was not allowed to contest elections. This erupted a massive controversy,
and subsequently, Fathima Beevi resigned from the post of Governor in 2001.

Reasons for inadequate representation of women

in higher judiciary
Women are meagerly represented in the higher judiciary and it is not a new
phenomenon; it’s a spectacle that has been witnessed ever since the formation of the
Indian Constitution. In high courts, the percentage of women is 11.5%, while in the
Apex Court, there are 4 women judges out of 33 sitting judges in the office. If we ignore
the number of female judges and look only at the number of female advocates, the
figures are no different. There are only about 15% of women advocates in India out of
1.7 million registered advocates. There are various factors behind the deep-rooted
patriarchal setup in the judiciary.

Patriarchal society
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The underrepresentation of women judges in the higher judiciary is a testament to the

patriarchy in our society which has crept into the judicial structure. Women often have to
encounter hostile environments at their workplaces. The members of the bar and bench
do not treat female advocates or judges with the respect that they deserve. There have
been various instances of harassment of female lawyers. Their voices are often silenced
and their opinions are not well contemplated. The Chief Justice of India, N.V. Ramana,
stated that “the primary reason is deeply ingrained patriarchy in our society.” 

Opaqueness in the collegium system functioning

The numbers of women judges are significantly higher in the lower judiciary in
comparison to the higher judiciary because there is an entrance examination for the
purpose of recruitment. According to the 2020 Economic and Political Weekly report, in
17 states between 2007 and 2017, 36.45% of the magistrates and judges were women.
This clearly proves that the collegium system designed for the appointment of judges is
opaque and reflects a gender bias in their choices of appointment. Recently, the
collegium of the Supreme Court recommended 192 candidates for the post of judge in
the high court, of which 37 were women, and out of those 37 women candidates, only 17
have been appointed. 

No women’s reservation
There are state reservations for women in the lower judiciary, but the same is missing in
the higher judiciary. This leads to an inadequate representation of women in the higher
judiciary. Andhra Pradesh, Assam, Telangana, Odisha, and Rajasthan are the states that
provide women’s reservations in the lower judicial structure, and as a result, these states
have 40-50% of women judicial officers. Fathima Beevi unequivocally expressed her
views, stating that there is no doubt that women are underrepresented in the higher
judiciary and that owes to the patriarchal setup. Fathima Beevi gave her line of
reasoning stating that the women took to the law field a bit late as well, but she insists
that even though there are many women at the bar and on the bench, their participation
is still meagre. In order to solve the issue, Fathima Beevi propagates in favour of having
a women’s reservation in the judiciary so that they are adequately represented and there
is no discrimination on the basis of gender. 

Familial responsibilities
The process of growing through the ranks in the judiciary is a long process. In order to
ascend from one office to a higher office, it takes a lot of time and it disrupts the
evolution of women judges’ careers. Familial responsibilities come along with their career
and many judges have to quit their progress to endure the responsibilities of their
families. 

Lack of serious attempt

No attempts or hardly any attempts have been made to ensure gender parity in the
judiciary. Even after 70 years of independence, out of 245 appointed judges in the higher
judiciary, only 3.3% of judges have been women. It is perturbing that no attempts to

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introduce reservations for women or make the collegium system transparent. There is a
need to have legislation in place which would reserve a few women judges’ seats in the
higher judiciary. The situation is not going to change unless and until a conscious effort
is put into elevating women in the bar and on the bench. 

Judicial infrastructure
Judicial infrastructure also plays a major role in the inadequate representation of women
as the small courtrooms, lack of facilities and absence of restrooms are some of the
major concerns for women. Lack of judicial infrastructure and familial responsibilities add
up to the misery of women as they experience problems in taking care of their children
in their professional environment. The absence of child-bearing facilities is one of the
major contributing factors to women opting out of the judiciary.

Scarcity of women in litigation

It is interesting to note that the ratio of males to females studying in law schools is
almost similar, yet when we look at litigation, it presents a different story altogether,
with only 15% of advocates practising litigation being women. With a reduced number of
female advocates opting for litigation, the pool for selecting judges becomes extremely
limited and, as a result, there is a scarcity of women judges in the higher judiciary. The
question that immediately arises is why is there such a small pool of female advocates
practising litigation? The answer to this question is a combination of various factors, such
as workplace harassment of women’s advocates, lack of respect, and lack of
infrastructure. 

Senior advocate Indira Jaising wrote an open letter to the Chief Justice of India in which
she stated that during her years at the bar, “there have been multiple incidents where
sexist remarks being made by lawyers go unnoticed by the bench”. Indira Jaising also
said that she frequently experienced various sexual harrassment in the corridors of the
Supreme Court. There were no actions taken against such behaviour, and as a result,
such instances happened quite frequently. Apart from this, there is a dearth of restrooms
and other essential facilities in the court for female advocates. As a result, many female
lawyers opt to practice in law firms where there are strict regulations against workplace
harassment and all the essential amenities are provided to them.

Need for women judges

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Recently, the Chief Justice of India openly expressed the need for women in the higher
judiciary and said he supports 50% representation for women in the judiciary. The
patriarchy indeed needs to go away, and the appointment of various female judges
would entail great benefits. 

1. Across various industries and sectors, it has been observed that if at a workplace
there is an inadequate representation of females, they are suppressed and the
workplace environment becomes toxic for females. Therefore, it has become
important to have more female judges in the judiciary to balance out the gender
power imbalance and prevent any gender discrimination.

2. At present times, it has been witnessed that most clients do not prefer female
advocates to fight their cases because of a gender bias in the public against the
judiciary. Many women do not approach the court in order to seek justice because
they do not see many female advocates in the courtroom. As a result, they are not
confident that they will get justice. If there were enough female advocates and judges
practising in the courts, more women would be willing to seek justice and would look
to enforce their rights. 

3. The inclusion of female judges in the judiciary would increase diversity and it would
lead to a diverse set of opinions, which is instrumental in interpreting various facets of
the decision-making process. 

4. The inclusion of women judges will enhance judicial reasoning as it would allow
making decisions on the basis of varied social experiences and contexts. 

5. Women judges have been the torchbearers of some legislative changes. For instance,
Justice Leila Seth, a member of the 15th Law Commission of India, spearheaded the
amendments in the Hindu Succession Act, 1956 which allowed daughters to secure
inheritance rights over ancestral property. She was also a member of the three-
member Justice Verma committee, set up in the wake of the 2012 Delhi gang-rape
case. The committee recommended strict punishment for sexual offences and also
called for speedy trials. 

Way forward
There is no doubt that women judges are needed in the higher judiciary and some
positive steps have to be taken in this regard. It’s not just about giving women judges
representation in the judiciary; it’s also about providing them with the respect that they
deserve. If a woman judge is appointed, her opinions should be considered, the
workplace environment should be amicable, and better facilities need to be provided.
The following steps can be taken:

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1. There needs to be a complete overhaul in terms of gender sensitisation by bringing

about behavioural, institutional, and social changes. All the judges should act in a
gender-neutral way by keeping their gender biases aside. A legal education regarding
gender sensitization needs to be imparted from a very low level so that all the judges
and advocates are shaped to not think in a gender-biased way.

2. The existing patriarchal mindset needs to go away, and more worthy female judges
should be appointed or recommended by the collegium system. Recently, out of 37
recommended women judges by the Supreme Court collegium, only 17 were
appointed by the high courts. 

3. The Collegium system needs to be made more transparent so that deserving women
judges get their chances. Because of the opaqueness of the collegium system, often
bias is reflected in the appointment of judges.

4. A reservation should be provided to female judges in the higher judiciary to ensure

the active participation of female judges in the functioning of the judiciary.

Honours and awards received by Fathima Beevi

In her momentous career, Fathima Beevi received various accolades and emerged as the
torchbearer of women judges in the higher judiciary. Apart from creating an impact in
the judiciary, here are certain awards that she received in her illustrious career:

1. Fathima Beevi received the D Litt and Mahila Shiromani awards in 1990.

2. In the year 2015, Fathima Beevi received the United States-India Business Council
Lifetime Achievement Award.

3. Fathima Beevi was conferred with the Bharat Jyoti Award for her exceptional
contributions to society throughout her career. 

Controversies 
Fathima Beevi had an immaculate career with no controversies whatsoever in her legal
career, but her image got tainted a bit when she was assuming the office of the Governor
of Tamil Nadu. The controversy arose when she appointed Jayalalitha as the Chief
Minister of Tamil Nadu. Fathima Beevi resigned from the post of the governor after the
arrest of Karunanidhi, who had rooted for her appointment to the office. The reason
behind the controversy was that Jayalalitha’s party achieved a simple majority by
winning 131 out of the 234 seats in the 2001 State Assembly elections, and Fathima
Beevi administered the oath to Jayalalitha as the Chief Minister of Tamil Nadu, despite
the fact that Jayalalitha could not contest the election (Jayalalitha was convicted for two
years in association with a corruption case against her) and would not be able to get
elected to the Assembly within six months of her appointment as per the norms of the
Constitution. A Public Interest Litigation (PIL) was filed to question the validity of the
appointment of Jayalalitha as the Chief Minister of Tamil Nadu. The Union Cabinet was
absolutely furious with Fathima Beevi for not discharging her duties in the right spirit.
Subsequently, they decided to recommend to the President to discharge her from the
office of Governor. Fathima Beevi resigned from the post of Governor. 

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Fathima Beevi has maintained her stance that the appointment of Jayalalitha as the Chief
Minister of Tamil Nadu was her own decision and she took it after deliberating on various
factors such as whether the AIADMK (the party which Jayalalitha represented) obtained
a majority, making it the mandate of the public. Fathima Beevi stated that her decision-
making was backed by her knowledge, belief, and conviction about the constitutional
provisions of that time. In response to the Supreme Court’s observation that
“Constitution is supreme and not people’s will”, she responded by saying that the Apex
Court has interpreted the Constitution and proclaimed it to be the law of land and
everyone is bound by the Constitution and as a result; they should consider such
matters. 

Conclusion
Fathima Beevi has played many roles in her life, from starting as an advocate to
becoming the first woman judge of the Supreme Court, to taking up a role in the
National Human Rights Commission, to assuming the office of the governor, but the most
important role that Fathima Beevi played was paving the way for female judges and
advocates to pursue their ambition. She inspired an entire lot of female advocates and
judges to move up their ranks to achieve something extraordinary. Before Fathima Beevi,
no woman held the office of judge of the Supreme Court in 40 years, and after her
appointment, we have witnessed 10 female judges in the Supreme Court in around 30
years. This in itself is a testament to the legacy that Fathima Beevi has left behind. Even
after her retirement, she has always strived for women’s rights in the judiciary and
repeatedly called for a reservation for women in the higher judiciary to provide them
with a chance of being adequately represented.

Frequently asked questions

1. Who was the first woman judge of the Supreme Court?

Justice Fathima Beevi became the first woman judge of the Supreme Court in 1989. She
also became the first woman judge of the Supreme Court of a nation in Asia. 

2. Who was the first woman to top the Bar Council of India exam?

Fathima Beevi became the first woman to top the Bar Council of India exam in 1950.

3. When did Fathima Beevi assume the role of the Governor?

Fathima Beevi assumed the role of the Governor of Tamil Nadu in 1997. She was also a
member of NHRC in 1993.

4. When did Fathima Beevi resign from the post of the governor?

Fathima Beevi resigned from the post of the governor after a controversy embroiled
because of her appointment of Jayalalitha as the Chief Minister of Tamil Nadu in 2001. 

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supreme-court-of-india

http://indpaedia.com/ind/index.php/Justice_M._Fathima_Beevi#1997:_Governor_of_Tam

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https://www.scconline.com/blog/post/2020/10/06/know-thy-judge-justice-fathima-
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https://www.womensweb.in/2022/04/m-fathima-beevi-the-first-female-sc-judge-
apr22wk5sr/

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https://article-14.com/post/the-higher-judiciary-s-gender-representation-problem

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