New Delhi: Less than 23% of judges in high courts across the country appointed since 2018 belonged to Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs) and minority communities, the Union government informed parliament on Thursday (March 20), while stating that category-wise data pertaining to the representation of SCs, STs and OBCs among the judges of high courts is “not centrally available”.In a written reply in the Rajya Sabha in response to a question by Rashtriya Janata Dal MP Manoj Kumar Jha, minister of state for law and justice Arjun Ram Meghwal said that the appointment of judges to the Supreme Court and high courts is made under Articles 124, 217 and 224 of the constitution, which do not provide for reservation for any caste or class of persons.Meghwal said that category-wise data pertaining to the 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),” said Meghwal.“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.”In his question, Jha had sought to know whether the representation of SCs, STs, OBCs, women and minorities in the higher judiciary remains far below the desired levels and if there has been a declining trend in the appointment of judges from marginalised communities in recent years.Meghwal said that according to the Memorandum of Procedure (MoP), the responsibility for the initiation of proposals for the appointment of judges in the Supreme Court vests with the chief justice of India, while the responsibility for initiation of proposals for the appointment of judges in the high courts vests with the chief justice of the concerned high court.“However, 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.“Only those persons who are recommended by the Supreme Court collegium are appointed as judges of the Supreme Court and high courts,” he said.
