Spotlight on V Mohana: Supreme Court’s Latest Judge
The legal community has been abuzz this week as Senior Advocate V Mohana was appointed to the Supreme Court of India, following a recommendation by the Supreme Court collegium. This appointment marks a significant milestone in her career and adds her to the rare group of legal professionals elevated directly from the bar, bypassing the traditional path through the judiciary.
Direct Elevation from the Bar
Typically, a Supreme Court judge in India rises through years of service as a High Court judge before being considered for the top court. However, Article 124(3)(c) of the Indian Constitution allows for the appointment of advocates with at least ten years of experience practicing before High Courts. Despite this provision, fewer than a dozen individuals have been appointed directly from the bar to the Supreme Court bench. Since the inception of the Supreme Court in 1950, only 10 judges, constituting about 3.5% of the total, have been directly elevated from the bar. V Mohana becomes the 11th person to achieve this feat, joining the ranks of Justices such as SM Sikri, SC Roy, Kuldip Singh, Santosh Hegde, Rohinton Nariman, UU Lalit, L Nageswara Rao, Indu Malhotra, PS Narasimha, and KV Viswanathan.
Her appointment, alongside Justices Narasimha and Viswanathan, who also share the distinction of direct elevation, is expected to bring valuable practical insights to the bench—an attribute stemming from extensive legal practice.
Women’s Representation on the Bench
The legal profession has historically been dominated by men, often presenting challenges for women seeking entry and advancement. While increased representation on the bench does not entirely address these issues, it sends a vital message of inclusivity and opportunity. Women judges contribute their unique perspectives, enhancing the judiciary’s inclusivity. Despite growing participation of women as lawyers, their presence in the higher judiciary remains limited. Only 11 women have ever served on the Supreme Court bench, with Justice BV Nagarathna being the only current female judge, poised to become the first woman Chief Justice of India. The last appointment of women judges to the Supreme Court occurred in 2021, and since then, no women were elevated during the tenures of Chief Justices UU Lalit, DY Chandrachud, Sanjiv Khanna, and BR Gavai. V Mohana becomes the 12th woman to serve on the Supreme Court bench, following in the footsteps of Indu Malhotra, the only other woman directly elevated from the bar.
Background and Achievements
V Mohana, a first-generation lawyer, graduated from Coimbatore Law College in 1988. Her legal career began in the chambers of advocate M Panchapakesan, where she was the sole female lawyer. In 1992, she moved to New Delhi and worked with then-advocate Indu Malhotra, before joining Senior Advocate CS Vaidyanathan’s chambers. She successfully cleared the Supreme Court Advocate-on-Record examination in 1996 and has since practiced independently at the Supreme Court and various other courts in Delhi. Designated a Senior Advocate by the Supreme Court in 2015, Mohana has appeared in several landmark cases including those concerning women’s rights in the armed forces, property rights for senior citizens, and the Karnataka hijab ban. She also challenged the Supreme Court’s senior advocate chamber allotment criteria, securing a modification that extended the qualifying period.
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With her elevation to the Supreme Court, V Mohana is set to serve a tenure lasting nearly five years, with her retirement slated for June 2031. Her journey and achievements stand as an inspiration and beacon for aspiring legal minds, especially women, aiming for the highest echelons of the judiciary.
