'Constitution Doesn't Envisage Reservation In Judicial Appointments, But Government Committed To Social Diversity': Law Minister RS Prasad

Law Minister RS Prasad clarified that the Government has been insisting on increasing diversity at the High Court level, from where Judges at the Top Court are usually appointed.

"The Government is committed to social diversity in the appointment of Judges in the Supreme Court and has also been requesting the Chief Justices of the High Courts that while sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in appointment of Judges in High Courts," he said.

The Minister was responding to a letter addressed by MP and Advocate, P. Wilson, last year.

Wilson had highlighted that for the past few years, there is declining representation from all the sections of the society, especially in the Apex Court.

The issue was highlighted even during the Budget Session in 2020, where Wilson said,

"A more diverse judiciary is desirable because without one, the chances are greatly increased for a violation of the rights on these under represented and could indirectly imply discrimination. Significant over-representation of certain sections calls into question the objectivity of the current system and its inability to recruit from different social social groups and ensure social justice."

The Law Minister has now clarified that the appointment of Judges of the Supreme Court and High Courts is made under Articles 124, 217 & 224 of the Constitution of India respectively which do not provide for reservation for any caste or class of persons. Hence no caste/class/category wise data is maintained centrally.

He added that irrespective of the above, the Government is committed to social diversity and it has been requesting that due consideration be given to suitable candidates belonging to the Scheduled Castes, Scheduled Tribes, other Backward Classes, Minorities and Women while making appointments to the High Courts.

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