79% upper caste appointed HC judges.

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79% upper caste appointed HC judges.

Inequitable representation of backward and minority communities in higher judiciary is evident from the fact that 79%of all high court judges appointed in the past five years (2018 to 2022) is from upper castes, according to a presentation made recently by the Union law ministry before a parliamentary panel.

  The law ministry has informed the parliamentary standing committee on law and justice that despite three decades of the existence of the collegium system of appointing judges, social diversity in higher judiciary,as originally devised by the supreme court,is missing.

   While majority of those appointed to the country's 25 high courts continues to be from upper castes, other Backward castes (OBC), which make up for more than 35% of the country 's population,continue to be "discriminated against" with not more than 11% finding seats on benches of constitutional courts.

  The alleged discrimination is noticeable with minorities comprising only 2.6% of the total 537 judges appointed in HCs since 218.Similar is the story with the scheduled castes and scheduled Tribes with their representation being 2.8% and 1.3%, respectively.

    "It is the primary responsibility of the SC collegium and the HC collegiums to address the issue of social diversity and social justice in the process of appointment to the constitutional courts," the law ministry told the panel while emphasizing it's helplessness in addressing the situation given the primacy of the judiciary in appointing judges.

  A collegium of judges functions at two levels Supreme Court and high courts.While the four member SC collegium,headed by the Chief Justice of India (CJI),initiates proposals for appointment of judges for the apex court,a three member collegium in high courts,he added by the chief justices (CJs), recommends names for judges of their respective benches.

   The law ministry has highlighted the need for addressing the issue of social diversity and social justice in the higher judiciary from time to time through letters written to the CJI and CJs.In it's presentation to the parliamentary standing committee on law,it has said that the primacy of the collegium in appointing judges has failed to eradicate the existing inequality.

  The government appoints only those persons as judges of Supreme Court and high courts who are recommended by the SC collegium,it said.

   The ministry, however clarified that the rules on appointment of high court judges, derived from Articles 217 and 224 of the constitution,do not provide for reservation for any caste or classes of persons.However,the government has been requesting the CJs of high courts that while sending proposals for appointment of judges,due consideration be given to suitable candidates belonging to SC,STs,OBCs, minorities and women to ensure social diversity.

   All the recommendations made by the HC collegiums are vetted by the law ministry,and after a background check by the Intelligence Bureau,a  report along with the recommendations of the HC collegiums are sent to the SC collegium for their advice.After the names are cleared by the SC collegium, the government notifies the appointments.

   In case of disagreement between the government and the apex court,the former sends back such names for reconsideration of the SC collegium.But once the collegium reiterates a name, the government is bound to appoint the person as judge,as per the existing collegium system.