NEW DELHI, AUG 23: Members of Parliament comprising the Committee on Welfare of Scheduled Castes (SC) and Scheduled Tribes (ST) have expressed serious concern over the lack of representation of backward castes in the judiciary. Calling for reservation in the appointment of Supreme Court and High Court judges, the committee has argued that the judiciary often betrays ``a mindset more useful to the governing class than to the servile class.''In their report, the committee has asked the government to set up a National Judicial Commission, including one member each from SC and ST, along with an all-India judicial service along the lines of the IAS. The report of the committee, headed by BJP MP Kariya Munda, found it ``absolutely irrational'' to withhold the policy of reservation from areas like the armed forces and the judiciary.The committee alleged that the political will and sincerity to provide reservation in the judiciary was lacking and that the government had adopted the policy of ``running with the hare and hunting with the hounds.''The report pointed out to the ``very sad state of affairs'' with few representatives of SC, ST and other backward classes (OBC) in the higherjudiciary. As per information available with the committee (up to May 1, 1998), of the 481 High Court judges, only 15 were SC and five ST. ``The representation of SCs and STs in the judgeship of the Supreme Court was nil on that date despite the fact that some suitable, eligible and well qualified SC/ST candidates were available in the consideration zone,'' the report said.The Supreme Court registry had reportedly informed the committee that the information regarding number of SC and ST judges was not available. Adopting a harsh tone, the committee said that ``such secrecy and suppression of information is highly undesirable which is also a proof of non-observance of reservation.''The committee asked the government to take concrete steps, ``if need be, by amending Articles 217 and 124 (dealing with appointment of HC and SC judges) of the Constitution.'' In fact, the committee of MPs went a step further and said there should be reservation in appointment of judicial officers and staff as per prescribed percentage for SC and ST on the basis of 1991 Census. Empathy, not sympathy The committee's arguments:* Judges from the elite group may find it their filial duty to defend a system established by their forefathers.* The social composition of the judiciary affects and influences its judgements howsoever objective and fair the judges may try to be.* The judges' class interests do not allow them full play of their intellectual honesty and integrity.* The judiciary must have members who have first-hand knowledge and experience of the problems of the backward classes. What is needed is empathy and not mere sympathy.
