Around 77% Of High Court Judges Appointed Since 2018 Belong To Upper Caste Category: Law Ministry Informs Rajya Sabha

Responding to a question raised in the Rajya Sabha, Union Law Minister Arjun Ram Meghwal in a written reply informed the Parliament last week that out of 715 High Court Judges appointed since 2018, 22 belong to SC category, 16 belong to ST category, 89 belong to OBC category and 37 belong to Minorities.

This would mean that a total of 164 high court judges appointed since 2018 belong to the SCs, STs, Other Backward Classes, Minorities, whereas 551 judges belong to the upper caste. The percentage of high court judges belonging to upper caste category comes to 77.06%. 

The response further states that Government has been requesting Chief Justices of High Courts that while sending proposals for appointment of Judges, "due consideration" be given to suitable candidates belonging to SCs, STs, Other Backward Classes, Minorities and Women in order to ensure social diversity in the appointment of High Court Judges.

The Minister was responding to questions was raised by RJD MP Manoj Kumar Jha inquiring about the details of representation of SCs, STs, OBCs, women and minorities in the higher judiciary. Jha had further asked whether there has been a declining trend in the appointment of judges from marginalized communities in recent years; if yes the reasons for the same.

He had also asked whether Government has pursued the Supreme Court for finalization of the Memorandum of Procedure (MoP) incorporating social diversity in judicial appointments, if so, the status thereof. Jha had further enquired about the steps taken to ensure adequate representation of marginalized sections in judicial appointments and details of the same if any.

Responding to these queries the Union Law Minister in his written reply stated:

"Appointment of Judges to the Supreme Court and High Courts is made under Articles 124, 217 and 224 of the Constitution of India, which do not provide for reservation for any caste or class of persons. Therefore, category-wise data pertaining to representation of SCs, STs and OBCs among the Judges of High Courts is not centrally available. However, the Government is committed to enhancing Social Diversity and since 2018, the recommendees for the post of High Court Judges are required to provide details regarding their social background in the prescribed format (prepared in consultation with the Supreme Court). Based on the information provided by the recommendees, out of 715 High Court Judges appointed since 2018, 22 belong to SC category, 16 belong to ST category, 89 belong to OBC category and 37 belong to Minorities".

The response further states that as per the Memorandum of Procedure (MoP), the responsibility for initiation of proposals for appointment of Judges in the Supreme Court vests with the Chief Justice of India, while the responsibility for initiation of proposals for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court.

However, the response states, the Government has been requesting the Chief Justices of 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 the appointment of Judges in High Courts".

It further states that only those persons who are recommended by the Supreme Court Collegium, are appointed as Judges of the Supreme Court and High Courts.

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