Seeing through the lens of legitimacy: The saga of finding the first woman Chief Justice for India

Recent literature on reforming judiciary, borders on legitimacy argument that Supreme courts all over the world are struggling with. With changing times, original constitutional interpretations that were relevant during formation years, have been perilously put to test to suit the demands of the growing democracies. India is no exception to that. The Supreme Court of India gave birth to Public Interest Litigation but is struggling with internal restraints on which issue to handle and how to handle. Standing against external constraints has also its advantages and disadvantages as can be witnessed from the post-retirement behaviour of judges in India. Therefore, structural reforms in the judiciary remains to be a promising option to save the apex court as scholars have observed. Standing from that vantage point, the paper argues how diversifying the Benches of higher judiciary in India has become a necessity, which could provide a solution to questions being raised on its legitimacy.