A significant lack of social diversity in judicial appointments has been highlighted by recent government data, which reveals that between 2018 and 2022, 80% of judges appointed to various high courts in India were from upper castes. In contrast, only 4% of these appointments were from Scheduled Castes (SC) and Scheduled Tribes (ST), while 11% belonged to Other Backward Classes (OBC). The information was shared by the Union Law Ministry in response to a question in Parliament regarding the representation of judges from socially and economically weaker communities.
According to the ministry, 540 judges were appointed to high courts during this period, out of which only 15 were from the SC category, seven from ST, 57 from OBC, and 27 from minority communities. The data highlights the stark underrepresentation of marginalized groups in the judiciary.
Since 2014, 69 judges have been appointed to the Supreme Court, while 1,173 have been appointed across high courts in the country. However, the law ministry clarified that there is no central record of caste-based representation among judges in the Supreme Court and high courts. Judicial appointments are made as per Articles 124, 217, and 224 of the Constitution, which do not provide any reservation or caste-based selection criteria.
However, a crucial change was introduced in 2018 when those making recommendations for high court judges were required to provide details of the nominee’s social background. Despite this, the majority of appointments have continued to favor upper castes, raising concerns about inclusivity and social representation in the judiciary.
In its written response to the Lok Sabha, the law ministry emphasized that the process of judicial appointments is initiated by the Chief Justice of India for Supreme Court judges and by the Chief Justices of respective high courts for high court judges. The final appointments are made based on the recommendations of the Supreme Court Collegium.
The government reiterated its commitment to increasing social diversity in the judiciary and stated that it has been urging high court Chief Justices to consider candidates from SC, ST, OBC, minority communities, and women while recommending names for judicial appointments. However, the final decision rests with the Supreme Court Collegium.
The underrepresentation of marginalized communities in the judiciary remains a pressing issue, raising questions about the need for structural reforms to ensure greater inclusivity in India’s judicial system.
