Between 2018 and 2022, a total of 540 judges were appointed to various High Courts across India, according to the Law Ministry. Data reveals that 80% of these appointees belonged to upper castes. This highlights a significant caste imbalance in judicial appointments during the period. The figures have sparked discussions on diversity and representation in the judiciary.
New Delhi: Between 2018 and 2022, only one in twenty judges appointed to various high courts were from minority categories.
According to the law ministry’s report to Parliament last week, out of 540 judges, 4% belong to Scheduled Castes (SC) and Scheduled Tribes (ST), while approximately 11% are from Other Backward Classes (OBC).
This response came in light of a query regarding the representation of judges from marginalized communities within the judiciary.
Since 2014, 69 judges have been appointed to the Supreme Court, and 1,173 to High Courts nationwide.
However, the ministry indicated that comprehensive data on the representation of specific castes or classes among judges in the Supreme Court and High Courts is “not centrally available.”
The ministry clarified,
“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.”
Since 2018, those proposing candidates for High Court judges are required to disclose the nominee’s social background.
The law ministry detailed that from 2018 to 2022, 540 judges were appointed, including 15 from the SC category, 7 from ST, 57 from OBC, and 27 from minority groups.
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This indicates that a significant 80% of the appointed judges are from upper caste backgrounds.
In its written response to the Lok Sabha, the ministry stated that the “responsibility for initiation of proposals for appointment of Judges in the Supreme Court vests with the Chief Justice of India” and the Chief Justices of the respective high courts.
The government is committed to promoting social diversity within the judiciary and has been urging Chief Justices of High Courts to consider suitable candidates from Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities, and Women when proposing judges, in order to enhance social diversity in judicial appointments.
It also noted that only individuals recommended by the Supreme Court Collegium are appointed as judges of the Supreme Court and High Courts.
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The appointment of High Court judges in India is governed by constitutional provisions outlined in Articles 217 and 224 of the Indian Constitution.
- Article 217: It states that the President appoints High Court judges after consulting the Chief Justice of India (CJI), the Governor of the state, and the Chief Justice of the respective High Court. Judges must have at least 10 years of experience as an advocate or have served as a judicial officer in India for 10 years.
- Article 224: It allows for the appointment of additional and acting judges in High Courts to manage increasing case backlogs.
- Article 124(2) & Collegium System: Though originally not in the Constitution, the Collegium System, developed through Supreme Court judgments (Three Judges Cases), plays a key role. The CJI and senior Supreme Court judges recommend names for High Court appointments, which are then approved by the government.
- Equality and Representation (Articles 14 & 16): The right to equality (Article 14) and equality of opportunity in public employment (Article 16) are often cited in debates about caste representation in judicial appointments. However, there are no explicit reservations for Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC) in higher judiciary appointments.