Stark Disparity: 75% of High Court Judges since 2018 from general category, says law ministry

Stark Disparity: 75% of High Court Judges since 2018 from general category, says law ministry

In a surprising revelation during the 2023 Monsoon Session of the Indian Parliament, the Ministry of Law and Justice disclosed alarming statistics regarding the representation of different castes and minorities in the country's judiciary. Hyderabad Lok Sabha MP Asaduddin Owaisi raised concerns about the lack of social diversity and equitable representation in the appointment of judges.

According to the Ministry's reply, a staggering 79% of judges appointed in all High Courts over the last five years were from upper castes. In contrast, only a mere 2.6% of the total 537 judges appointed since 2018 were from sections other than upper castes, indicating a stark disparity in the representation of backward and minority communities.

The statistics provided by the Ministry detailed that out of 604 High Court Judges appointed since 2018, 458 belonged to the General Category, leaving just 18 judges from the Scheduled Castes, 09 from the Scheduled Tribes, 72 from Other Backward Classes, and 34 from minority communities. Shockingly, for the remaining 13 judges, no information was available.

The Ministry's response also revealed that the Constitution of India, under Articles 124, 217, and 224, does not provide for any reservations based on caste or class while appointing Judges of the Supreme Court and High Courts. However, the Government acknowledged the issue and emphasized that it has been urging Chief Justices of High Courts to give due consideration to suitable candidates from marginalized communities, including Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities, and Women, to ensure social diversity in judicial appointments.

The situation has raised concerns about the effectiveness of the collegium system, which appoints judges based on recommendations from the Supreme Court Collegium. The data suggests that despite the government's appeals for diverse representation, the numbers remain far from satisfactory.

This revelation has sparked intense debates and demands for a more inclusive and equitable approach in appointing judges, urging the judiciary to take proactive steps towards addressing the issue of social justice and diversity within the Indian judicial system.

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