Union Law Minister Arjun Ram Meghwal informed the Rajya Sabha that since 2018, a total of 715 High Court judges have been appointed, of whom 551 (77.06%) are from the upper caste.
Since 2018, a total of 164 high court judges appointed belong to SCs, STs, Other Backward Classes, and Minorities, including 22 from the SC category (3.08%), 16 from the ST category (2.24%), 89 from the OBC category (12.45%), and 37 from the Minority category (5.17%).
The minister was responding to the questions raised by RJD MP Manoj Kumar Jha, regarding the steps taken to ensure adequate representation of marginalized sections in judicial appointments
Manoj Kumar Jha asked “whether the Government is aware that the representation of SCs, STs, OBCs, women and minorities in the higher judiciary remains far below the desired level.”
He also questioned the minister whether there has been a declining trend in appointing judges from marginalized communities in recent years. If so, he asked for the reasons behind it.
Interestingly, the law minister stated in his answer that “the government is committed to enhancing social diversity, and since 2018, the recommended candidates for the post of High Court judges have been required to provide details regarding their social background in the prescribed format (prepared in consultation with the Supreme Court).”
However, according to the data, SCs and STs together account for only 5.32% of High Court judges appointed since 2018, whereas the upper caste dominates with 77.06%.
Jha also sought to know whether the government had pursued the Supreme Court for the finalization of the Memorandum of Procedure (MoP) incorporating social diversity in judicial appointments.
In response, the minister stated that, as per the MoP, the responsibility for initiating proposals for the appointment of judges in the Supreme Court vests with the Chief Justice of India, while the responsibility for initiating proposals for the appointment of judges in the High Courts vests with the Chief Justice of the respective High Court.
The law minister claimed that the Government has given “due consideration” 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.
The latest data nullifies former Chief Justice Chandrachud’s statement, made in a February BBC interview with Stephen Sackur, where he dismissed claims of judicial elitism, asserting that the Indian judicial system is transforming and is no longer presided over by a group of elite male Hindu upper-caste men.
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