Parl panel recommends representation of various sections in judicial appointments at courts

NEW DELHI: Noting lack of reservation, Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice recommended for adequate representation of various sections of Indian society in the judicial appointments at High Courts and Supreme Court level to strengthen the trust, credibility, and acceptability of the judiciary among the citizens.

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice chaired by Rajya Sabha MP Sushil Kumar Modi presented its 133rd report on the subject "Judicial Processes and their reform" to both the Houses of Parliament on Monday.

Raising points in its Para 12 of the report that our higher judiciary suffers from a "diversity deficit", the Committee mentioned that the representation of Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), women, and minorities in the higher judiciary is far below the desired levels and does not reflect the social diversity of the country.

In recent years there has been a declining trend in representation from all the marginalized sections of Indian society, said the Committee. "Though there is no provision for reservation in the judicial appointments at High Courts and Supreme Court level, the Committee feels that adequate representation of various sections of Indian society will further strengthen the trust, credibility, and acceptability of the Judiciary among the citizens," said the Committee in the report's Para 13.

In the report's Para 16, the Committee also mentioned that "while making recommendations for appointments to the Higher Judiciary, both the Supreme Court and the High Court's Collegiums should recommend an adequate number of women and candidates from the marginalized sections of the society including minorities."

"This provision should be clearly mentioned in the Memoranda of Procedure (MoP), which is presently under finalization."

Further, as of now, data related to the social status of High Court judges are available from 2018 onwards, the Committee, in the report's Para 17, recommended the Department of Justice find ways and means to collect such data in respect of all judges presently serving in the Supreme Court and High Courts. "For doing this, if required, necessary amendments may be brought in the respective Acts and service rules of the judges," pointed the Committee in the report.

This report concerns the higher judiciary of the country like Supreme Court and High Courts wherein the committee examined issues and suggested six reforms that included Social Diversity in the appointment of Judges in the High Court and Supreme Court, feasibility of Regional Benches of Supreme Court, exploring the possibilities of increasing the retirement age of High Court and Supreme Court Judges, vacations in the Supreme Court and High Courts, mandatory declaration of assets by the Judges of the Supreme Court and High Courts and preparation and publication of Annual Reports by the Supreme Court and High Courts.