In a significant development aimed at enhancing diversity within the Indian judiciary, the Union Law Ministry has announced that 38 candidates from Scheduled Castes (SCs), Scheduled Tribes (STs), Backward Classes (BCs), and Other Backward Classes (OBCs) are currently being considered for elevation to High Court judges. The disclosure came in response to queries raised in the Lok Sabha by Tamil Nadu MP Kanimozhi Karunanidhi.
Breakdown of Candidate Diversity
The detailed breakdown of the candidates includes 8 from SCs, 3 from STs, 25 from OBCs, and 2 from BCs. This initiative is part of a broader effort to ensure that the composition of the judiciary mirrors the diverse social fabric of the nation.
Pending Recommendations and Historical Data
The Minister of State (independent-charge) for Law & Justice, Arjun Ram Meghwal, provided insights into the ongoing processes, stating that 205 recommendations for judgeships are at various stages of approval. He also highlighted that since 2018, 16.8% of the appointments to High Courts have been from SC, ST, and OBC backgrounds. To put these figures into context, out of 661 judges appointed since 2018, those from SC, ST, and OBC categories comprise 3.17%, 1.81%, and 11.80% respectively.
Controversies Over Social Media Posts
The discussions in the Lok Sabha also touched upon the contentious issue of social media posts by candidates being a potential barrier to their elevation. The government’s stance, as outlined by Meghwal, suggests that the expression of views on social media does not necessarily disqualify a candidate, provided they demonstrate competence, merit, and integrity. This statement comes in the backdrop of previous instances where the Central government had withheld approvals. For example, in 2022, a candidate’s elevation was stalled due to critical social media posts regarding Prime Minister Narendra Modi. However, after reiteration by the Collegium, some candidates like Justice Somasekhar Sundaresan were eventually appointed, despite initial objections.