Over 75% of High Court Judges Appointed Since 2018 Are from Upper Castes: Centre
New Delhi: Three out of four judges appointed to high courts in the country since 2018 are from upper-caste communities. In precise terms, 458 out of 604 (75.68%) judges appointed from 2018 to July 17 this year were from the General category.
The information is based on the figures disclosed in the Lok Sabha by Union law minister, Arjun Meghwal, on Friday, July 21. Meghwal responded to All India Majlis-E-Ittehadul Muslimeen (AIMIM) MP, Asaduddin Owaisi, who sought the information on the social profile of high court judges.
The figures also reveal that 18 (2.98%) and nine (1.49%) judges elevated as high court judges in the same period belonged to Scheduled Castes and Scheduled Tribes respectively.
Seventy-two judges (11.92%) from the OBC community were elevated as high court judges in the same period, and the figure for judges from minority communities stood at 34 (5.6%).
The minister's response came as an answer to Owaisi's question, which sought to know "whether it is a fact that 79% judges appointed in High Courts were from the upper castes during the last five years, 'indicating an inequitable representation of backward and minority communities'".
According to the 2011 Census, Scheduled Castes account for 16.6% of the population, while Scheduled Tribes for 8.6%. Minority communities, meanwhile, represent 19.3% of the population. However, there is no count of OBCs, as caste was not considered during the last census. If one were to go by the Mandal Commission report, their share in the population accounted for 52%.
Disclosing the information, Meghwal added that the appointment of judges of the Supreme Court and High Courts is made under Articles 124, 217, and 224 of the constitution, which, he said, do not provide for reservation for any caste or class of persons.
"However, the government has been requesting the Chief Justices of High Courts that while sending proposals for the appointment of judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, OBCs, minorities, and women to ensure social diversity in the appointment of judges in High Courts," he added.
As per the Memorandum of Procedure for appointment of Judges in the Supreme Court and high courts, the government appoints only those persons who are recommended by the Supreme Court Collegium, he further added.
While trying to gain control over judicial appointments by doing away with the Collegium System, the Union government has maintained that in the three decades since the system has been in place, it has failed to address the issue of "social diversity in the higher judiciary, as originally devised by the Supreme Court".
In January this year, the Union law ministry told a parliamentary panel that "inequitable representation of backward and minority communities" in the higher judiciary is "evident from the fact" that 79% of all high court judges appointed between 2018 and 2022 were from upper castes.
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