‘Constitution Doesn’t Envisage Reservation In Judicial Appointments, But Government Committed To Social Diversity’: Law Minister RS Prasad

In response to concerns about inadequate representation of minorities / vulnerable communities in the judiciary, the Union Justice Department has given assurances that it is “committed to social diversity”.

Justice Minister RS ​​Prasad made it clear that the government has insisted on increasing diversity at the level of the Supreme Court, from where Supreme Court justices are normally appointed.

“The government is committed to social diversity in the appointment of Supreme Court justices, and has also urged the Supreme Court justices to give due consideration to suitable candidates from the proposed castes when submitting proposals for the appointment of judges. Proposed Tribes, Others backward classes, minorities and women to ensure social diversity when appointing judges in high courts, “he said.

The Minister replied to a letter from MP and attorney P. Wilson last year.

Wilson had pointed out that there has been a decline in representation from all parts of society in recent years, especially in the Apex Court.

The topic was even highlighted during the 2020 budget meeting where Wilson said:

“A more diverse judiciary is desirable because without one the likelihood of violation of the rights of these underrepresented persons is greatly increased and could indirectly mean discrimination. Substantial overrepresentation of certain sections calls into question the objectivity of the current system and its inability to emerge from various social systems recruit social groups and ensure social justice. “

The Justice Minister has now made it clear that the appointment of judges to the Supreme Court and the Supreme Courts is based on Articles 124, 217 and 224 of the Indian Constitution, which do not make any reservation on a caste or class of person. Therefore, no box / class / category-related data is managed centrally.

He added that regardless of the above points, the government is committed to social diversity and has asked that suitable candidates from the proposed castes, proposed tribes, other backward classes, minorities and women be considered in the appointment to the high courts.

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