80% Judges Appointed To High Courts In 2018-22 From Upper Castes: Government

One in 20 judges appointed to different high courts between 2018 and 2022 were from the minority category. Of the 540 judges, 4 per cent belong to Scheduled Castes (SC) and Scheduled Tribes (ST) and around 11 per cent were from Other Backward Classes (OBC), the law ministry informed the Parliament last week. The law ministry was responding to a question on the representation of judges from weaker communities in courts.

While 69 judges have been appointed in the Supreme Court, 1,173 have been appointed in the High Courts across the country since 2014, the ministry said. However, category-wise data on representation of any caste or class of persons among the judges of the Supreme Court and the High Courts is "not centrally available".

The ministry noted that the "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."

However, since 2018, those making recommendations for the post of High Court judges are required to provide details on the nominee's social background. Sharing that data, the law ministry noted that 540 judges were appointed from 2018 to 2022. Of these, 15 belong to the SC category, 7 to ST, 57 to OBC and 27 to the minority category. This means a whopping 80 per cent of the judges appointed are from the upper caste.

The written response in the Lok Sabha states that the "responsibility for initiation of proposals for appointment of Judges in the Supreme Court vests with the Chief Justice of India" and Chief Justices for concerned high courts.

"However, the government is committed to enhancing social diversity in judiciary and 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. Only those persons who are recommended by the Supreme Court Collegium, are appointed as Judges of the Supreme Court and High Courts," it said.