Union Minister of Law and Justice, Kiren Rijiju, on Friday (24 March 2023) informed Lok Sabha that the Government is committed to social diversity in the appointment of Judges, reported PIB.
Information on social background is being provided by the recommendees as per the revised Annexure (revised in 2018) wherein they have to provide details regarding their social background in the prescribed format (prepared in consultation with the Supreme Court).
Therefore, data since 2018 is available. As per information provided by the recommendees, out of 575 High Court Judges appointed since 2018 till 20.03.2023, 67 Judges belong to the OBC category, 17 Judges belong to the SC category, 09 Judges belong to ST category and 18 Judges belong to Minority.
Appointment of Judges of the High Courts is made under Articles 217 and 224 of the Constitution of India, which do not provide for reservation for any caste or class of persons.
However, the Law minister said that the Government is committed to social diversity in the appointment of Judges in the Higher Judiciary and has been requesting the Chief Justices of High Courts that while sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in appointment of Judges in High Courts.
The appointment of judges in India has always been a matter of great importance, given the critical role played by the judiciary in the functioning of the country’s democracy.
One of the key issues that have been debated in recent years is the need for social diversity in the appointment of judges, which has been a longstanding demand of many sections of society.
The appointment of judges belonging to diverse social backgrounds will not only ensure representation but also bring different perspectives to the judiciary.
The lack of diversity in the judiciary has been a subject of concern for many years. The judiciary, like any other institution in society, is not immune to the biases and prejudices that exist in society.
The appointment of judges belonging to diverse social backgrounds will go a long way in mitigating these biases and prejudices.
The government’s commitment to social diversity in the appointment of judges is a step in the right direction. However, it is important to note that social diversity is just one aspect of a larger issue of diversity and inclusivity.
The appointment of judges belonging to diverse social backgrounds should be complemented by efforts to address the lack of diversity in other areas of the judiciary, such as the legal profession.
The legal profession, like the judiciary, is also in need of greater diversity and inclusivity.
The lack of diversity in the legal profession can be attributed to various factors such as the lack of access to education, bias in the recruitment process, and the prevalence of a patriarchal mindset.
Addressing these issues is crucial to ensure that the legal profession reflects the diversity of Indian society.