A recent report by the Parliamentary Standing Committee on Law and Justice, led by Rajya Sabha MP, has highlighted a glaring issue within the Indian judicial system — a lack of representation of marginalized communities. The report underscores the significant underrepresentation of Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), women, and minorities in both the Supreme Court and high courts. This imbalance has been termed a “diversity deficit,” raising concerns about the inclusivity and fairness of the higher judiciary.
Unequal Representation in High Courts
The parliamentary panel’s report draws attention to the statistics of high court judge appointments since 2018. Out of a total of 601 appointments, the representation of different communities has been far from proportional. Shockingly, only 18 judges belonged to the SC category, nine to the ST category, and 32 to minority groups. On the other hand, 72 judges identified as OBC, while 91 were women. An additional 457 judges were from the general category, further emphasizing the existing disparity.
Diminishing Representation of Marginalized Sections
The report emphasizes that this inadequate representation is not only a current issue but also reflects a concerning trend. In recent years, the representation of SCs, STs, OBCs, women, and minorities in the higher judiciary has been on a decline. This alarming decline in diversity within the judiciary raises questions about equal access to justice and the judiciary’s ability to understand and address the concerns of various sections of society.
Importance of Representation for Trust and Credibility
While there is no provision for reservation in judicial appointments at the high court and Supreme Court levels, the committee recognizes the significance of a diverse judiciary. The report asserts that adequate representation of all sections of Indian society is crucial not only for upholding democratic values but also for strengthening the trust, credibility, and acceptability of the judiciary among the citizens. A judiciary that reflects the social fabric of the nation is more likely to inspire confidence and ensure that justice is perceived as accessible to all.
Addressing the Concerns
Efforts should be directed towards a more inclusive and representative judiciary, without compromising on merit and competency. One possible approach is to encourage transparent and unbiased selection processes that actively seek out candidates from marginalized backgrounds. Additionally, sensitizing the legal community about the importance of diversity in the judiciary could lead to a broader mindset shift.
UPSC Mains Questions
- How does the underrepresentation of marginalized communities in the judiciary impact the overall justice delivery system and its perception by the public?
- Is there a way to balance the merit-based selection of judges with the imperative for a more diverse judiciary? How can these two aspects be harmonized effectively?