DMK MP P Wilson Writes To President Regarding Inadequate Representation Of Many High Courts In Supreme Court

Wilson has emphasized on several elements of the Constitution to establish that India has a federal Constitution. Stressing on Art 124, he demonstrated how the Apex Court is composed of High Court Judges and Advocates from different states. It was urged that this spirit of cooperative federalism be reinforced.

On a similar note, the letter accentuated on how the Supreme Court, being the highest judicial organ in the country, "belongs equally to all States." This implies that it should necessarily be composed of adequate and equal representatives from all States to the sanctioned strength of their respective High Courts.

The letter also explained that adequacy of representation was of grave importance considering that the Supreme Court, being the final arbiter of disputes, has to decide rights in rem apart from rights in personam. This includes disputes between States, ones that impact culture, customs and languages which mandate regional representation in the Bench.

Taking the example of the Madras High Court, the letter stated that despite being "a chartered High Court with an illustrious history, only one judge from the Madras High Court is presently serving in Supreme Court of India."

The letter further stressed that inadequate representation of States at the Apex Court could be detrimental to the rights of the State and its people. It also included a consolidated table of representation of States on the Supreme Court Bench along with a comparison of the sanctioned strength of High Courts, which revealed a disproportionate representation.

"There is no reasonable nexus between the sanctioned strength of the High Court and the representation on the Bench of the Supreme Court", Wilson observed.

Apart from pressing for equal representation of all High Courts, Wilson also pointed out that initiatives should be launched to ensure social diversity in judicial appointments to the Apex Court. He pushed for a heterogenous Bench showcasing the wonderful diversity of the country on the Supreme Court Bench.

As such, the letter urged the President to direct the Union government to take steps to incorporate social diversity in judicial appointments to the Supreme Court, and to provide adequate representation to all States and High Courts, based on their respective sanctioned strength.