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Make Diversity Mandatory In Appointments To Union Judiciary: TN MP P Wilson Writes To Law Minister
Sebin James
15 Aug 2021 7:43 PM IST
Senior Advocate and Rajya Sabha MP of Dravida Munnetra Kazhakam (DMK) from Tamilnadu, P. Wilson has brought forth the lack of social representation in judicial appointments as an issue that deserves the attention of Union Law Minister Kiren Rijiju. Terming the Supreme Court as the 'sentinel on the qui vive' (the guard who is on alert) due to its indisputable status as an...
Senior Advocate and Rajya Sabha MP of Dravida Munnetra Kazhakam (DMK) from Tamilnadu, P. Wilson has brought forth the lack of social representation in judicial appointments as an issue that deserves the attention of Union Law Minister Kiren Rijiju. Terming the Supreme Court as the 'sentinel on the qui vive' (the guard who is on alert) due to its indisputable status as an interpreter and enforcer of constitutional guarantees, the parliamentarian, in his representation invites the minister's attention to certain disturbing trends that raises questions about the extent of representation and diversity in the composition of the judiciary.
While accepting the dominant role of the Justice Department in the process of judicial appointments to the apex court and high courts, P. Wilson reminded the Minister that the Memorandum of Procedure For Appointment of Judges to High Courts and Supreme Court is not yet settled between the Centre and Supreme Court. He has also urged the Union to impress upon this necessity in front of Honourable Chief Justices of High Courts and Supreme Court, and include in the Memorandum of Procedure a mandatory provision for diversity in judicial appointments.
Shri P. Wilson has expressed his concern about the alarming 'diversity deficit' in the Supreme Court and adjacent High Courts. According to him, a very narrow homogenous group of judges belonging to a certain class alone cannot ensure the rights of socially marginalized groups. He has also mentioned the dismal ground reality that presents itself with the non-existent reflection of a vastly diverse society that the judiciary rules upon.
"In my State of Tamil Nadu for example, we have a population of more than 80% belonging to Backward Classes. The percentage of women judges in these Courts are unconscionably low. Significant over-representation of certain sections calls into question the objectivity of the current system and its inability to recruit from different social groups."
He has also highlighted that the legitimacy of any judiciary rests upon the public faith and confidence of litigants in the institution as well as a fair, equitable and non-prejudicial ecosystem of rights adjudication. To foster such a climate by ensuring diversity in composition would also enhance judicial impartiality, given the growing ethnic, religious and cultural diversity omnipresent in India.
The former Additional Solicitor General of India has also robustly briefed the Union Law Minister with the consequences of turning a blind eye towards the Gordian knot of under-representation. Shri P. Wilson is of the conviction that marginalized sections won't feel adequately represented or heard unless they are given seats for themselves at the table. In the absence of such a representational dynamic among the figureheads of the judicial system, it is more likely that they would refuse to engage with the rest of the society or participate in the democratic process. He also notes that a limited pool of judges is equivalent to a limited pool of talent as compared to what could have been achieved with a higher bar of inclusivity.
The representation addresses the perils of affinity bias in the judiciary that might influence the objectiveness of judicial decisions intended to be taken from an impartial ground. He calls for introspection in the background of the realization that an inclusive judiciary wouldn't in any sense means compromising with the knowledge in law, wisdom or integrity of judicial appointees.
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