Advocates’ Association Bengaluru has raised concern over the absence of OBC and BCM-A lawyers in recent Karnataka High Court judge recommendations from the Bar quota. The Association called the situation “gross under-representation” and urged the High Court Collegium to ensure fair and constitutional representation.
The Advocates’ Association, Bengaluru (AAB) has written a detailed letter to the Chief Justice of the Karnataka High Court expressing serious concern over the lack of representation of lawyers from Other Backward Classes (OBCs), especially those belonging to the BCM-A (Most Backward Classes – Category A), in the recent proposals for appointment of judges to the High Court.
In its letter dated January 28 and addressed to Chief Justice Vibhu Bakhru, the Association pointed out that none of the ten names recommended from the Bar quota for elevation as High Court judges belong to the OBC or BCM-A categories. The Bar quota refers to the appointment of judges directly from among practising advocates.
Expressing concern over this situation, the Association stated,
“The bar notes with deep anxiety that in the recent proposals of elevation of Judges from Karnataka from the 2/3rd’s bar quota there is no opportunity given to lawyers from the other or most educationally, economically and backward classes,”
highlighting that lawyers from backward communities have been completely left out of the latest recommendations.
The AAB has requested that the High Court Collegium reconsider the proposals and recommend at least two additional candidates from the OBC and BCM-A categories under the Bar quota so that there is fair and reasonable representation of all sections of society in the judiciary.
The Association also highlighted the existing imbalance in the composition of the Karnataka High Court. As per the letter, the High Court has a sanctioned strength of 38 judges, but only 2 to 3 judges belong to the OBC or BCM-A categories, excluding judges who have been transferred from other States.
This works out to only around 5 to 7 per cent representation, even though OBC communities constitute more than 25 per cent of Karnataka’s population.
Calling this situation deeply troubling, the letter described it as a case of “gross under-representation” and warned that it raises serious constitutional issues. The Association stressed that constitutional guarantees cannot be ignored in judicial appointments.
Quoting constitutional provisions, the letter stated,
“Under the constitution of India equal representation to OBCs is a non-compromisable mandate under Article 15 and 16,”
underlining that equality and non-discrimination are binding principles.
Addressing possible arguments related to appointment from the district judiciary, the Association clarified that the gap cannot be corrected by appointing more judges through the district judge quota. It explained,
“The bar quota operates by equal representation to all sections and District Judges quota operates by seniority being a major consideration. Thus, the two cannot be equated,”
making it clear that both appointment streams serve different purposes.
The AAB further expressed surprise at the High Court Collegium’s inability to identify suitable candidates from backward communities, especially given the large number of capable lawyers practising in the State. The letter said,
“We are also surprised that the collegium could not get two highly competitive candidates from the OBС category from amongst the huge talent pool available amongst lawyers in this category,”
questioning the selection process.
It also cautioned that trying to compensate for this lack of representation through appointments from the judges’ quota would further disadvantage OBC lawyers who aspire to be elevated directly from the Bar. According to the Association, such an approach would unfairly deny them equal opportunity.
Emphasising the judiciary’s constitutional role, the letter noted that courts are the primary institutions responsible for enforcing equality, social justice, and constitutional values, and therefore, these principles must also be reflected in judicial appointments.
The letter was signed by AAB President Vivek Subba Reddy, General Secretary H.V. Praveen Gowda, Vice President Girish Kumar C.S., and Treasurer Shwetha Ravishankar.
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