Equal Representation of Women in the Superior Judiciary: A Comparative Analysis between Pakistan and the United Kingdom

Abstract

Pakistan does not have a senior judiciary that is representative of its population. Women are under-represented. There had never been any female Justices of the Supreme Court of Pakistan until January 2022, when Justice Ayesha Malik was appointed as the first female Supreme Court judge. Although there is no constitutional bar to appointing women to be judges, the system for appointing judges is based on outmoded notions of seniority that are hostile to women’s desire for career progression. The United Kingdom (UK) provides a valid comparison since the legal system of Pakistan is based on English law. The UK has been marginally more successful in promoting female judges. The UK features a more open and transparent system, from which Pakistan should consider borrowing elements, specifically, an independent Judicial Appointments Commission (jac). The UK model suggests that more positive change may occur in the future. A quota system may be effective in increasing appointments in Pakistan, although this may create its own difficulties. More fundamentally, building into the appointments process the recognition that women may have different social responsibilities than men may also facilitate change.