3 min readNew DelhiJan 10, 2023 11:52 AM IST
First published on: Jan 10, 2023 at 04:10 AM IST
UNDERLINING THAT the onus of ensuring diversity on the bench is on the judiciary, the Union Law Ministry has told the Parliamentary Standing Committee on Law and Justice that 79 per cent of all High Court judges appointed in the last five years were from the upper caste (general category).
The Ministry’s Department of Justice is learnt to have made a presentation in this regard before the panel headed by BJP MP Sushil Modi.
The data show that from 2018 to December 19, 2022, a total of 537 judges were appointed to various High Courts. Of them, 79 per cent were from the General Category, 11 per cent from Other Backward Classes and 2.6 per cent from the minority. Scheduled Castes and Scheduled Tribes accounted for 2.8 per cent and 1.3 per cent, respectively. The Ministry could not ascertain the social background of 20 judges.
In 2018, the Ministry had asked those recommended by the Supreme Court Collegium to fill a form with details of their socio-economic background. In a reply to the Rajya Sabha in March 2022, Union Law Minister Kiren Rijiju had said that “the Government remains committed to social diversity in the appointment of Judges in the Higher Judiciary”.
“We have 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,” Rijiju had said.
The appointment of judges to High Courts are made under Article 217 of the Constitution and there is no quota fixed. However, the landmark 1993 case in the Supreme Court that established the Collegium system of appointing judges — popularly known as the Second Judges Case — emphasised representation as a factor in making recommendations for appointments.
“Our democratic polity is not only for any self perpetuating oligarchy but is for all people of our country. If the vulnerable section of the people are completely neglected, we cannot claim to have achieved real participatory democracy,” the court had said.
the 1993 ruling, quoting from a Government reply to Parliament, the court had noted the “unpalatable… ground reality” of representation at that time.
“Though the strength of the Judges belonging to OBCs as shown in the statement (as on 1-1-93) may or may not reflect the correct position at the present moment, we can safely assume the percentage of such Judges to be not exceeding 10% of the total sanctioned strength. Likewise, the percentage of the Judges belonging to SCs and STs put together does not exceed 4% as per the latest statement dated 20.5.93. So far as women Judges are concerned, their strength as of 20.5.93 does not exceed 3%,” the court had stated.
The appointment of judges to High Courts are made under Article 217 of the Constitution and there is no quota fixed. (File) 
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