Daily News Analysis

Higher judiciary suffers from Diversity-deficit

stylish_lining

Higher judiciary suffers from Diversity-deficit

Why in the news?

A Parliamentary committee report has reported that the higher judiciary suffers from diversity deficit as the representation of SCs, STs, OBCs, women and minorities are below the desired levels.

Observations of the Parliamentary Committee report:

        1. A declining trend has been observed in the representation of all marginalized sections of the Indian society.
        2. The representation of SCs, STs, OBCs, women and minorities are below the desired levels.
        3. The representation in the higher judiciary is not reflective of the social diversity of the country.

Representation in the Supreme Court:

  1. The first judge of Supreme Court from the Scheduled castes (SCs) and Other Backward Classes (OBCs) community were appointed only in 1980, 30 years after independence.
  2. The first women representation in the Supreme Court happened in 1989, 39 years since the existence of the Supreme Court.
  3. The Current strength of 35 judges in the Supreme Court consists of nearly 50% judges from the upper caste Hindus and disproportionate representation to other sections of the society – 3 women judges (the highest so far), 1 Muslim, 1 Christian, 1 Parsi and 1 Scheduled Caste judge have been appointed.
  4. There has been no judge from the Scheduled Tribe (ST) community appointed till date.

Lacunae in the Constitution:

Essential qualifications to be appointed as a judge of the Supreme court:

  1. A judge of one High Court or more (continuously), for at least five years, or
  2. An advocate there, for at least ten years, or
  3. A distinguished jurist, in the opinion of the President, is eligible to be recommended for appointment, a judge of the Supreme Court.

The criteria mentioned is based on the experience in law and age and remains silent on any other preferred eligibility criteria that leads to proportionate representation in the Judiciary.

Need for equal representation in the higher judiciary:

  1. To strengthen the trust, credibility and acceptability of the judiciary among its citizens.
  2. Institutional marginalization of the weaker sections of the society may lead to denial of the due rights of that particular community.
  3. Due representation of women in the judiciary shall act as a
    1. Hallmark of gender sensitive cases to be handled effectively
    2. Inclusion of different points of view
    3. Motivates women of the country to seek justice.

What has to be done?

  1. The Supreme Court and High Court collegium should recommend adequate number of candidates from the marginalized segments including women.
  2. Proper methodology has to be followed in the collegium to instill transparency and checks-and-balances in the appointment process.
  3. The problems of low women advocate in the country due to
    1. Patriarchal mindset and stigmatization of the role of advocates as a male-dominant profession,
    2. factors of age and familial responsibilities making the elevation of women judges from lower courts to high Courts and the Supreme Courts.
    3. No legislation seeking to mandate the representation of women judges.
    4. Vacancies can be used as an opportunity to include reservation.

Mughal Miniature Painting

A Mughal miniature painting titled “A Family of Cheetahs in a Rocky Landscape”, attributed to the celebrated Mughal painter Basawan (c. 1575–80), has set a new world record at Ch
Share It

Formation Day

On 1st November, eight Indian states—Andhra Pradesh, Chhattisgarh, Haryana, Karnataka, Kerala, Madhya Pradesh, Punjab, and Tamil Nadu—along with five Union Territories—Andaman an
Share It

Turtle (Kachhua) Wildlife Sanctuary

The Turtle Wildlife Sanctuary, also known as the Kachhua Sanctuary, is located in the Varanasi district of Uttar Pradesh. It is recognised as India’s first freshwater turtle wildlife sanctua
Share It

US Resumes Nuclear Weapon Testing

The President of the United States has ordered the resumption of nuclear weapon testing after a gap of 33 years, the last test being in 1992. This decision marks a significant shift in global nucl
Share It

Sal Tree

Scientists from the Environment Department of Himachal Pradesh University (HPU) in Shimla have recently revealed that the Sal tree (Shorea robusta) is the most effective natural air purifier for c
Share It

Introduction of AI and Computational Thinking (CT) in School Education

The Ministry of Education plans to introduce Artificial Intelligence (AI) and Computational Thinking (CT) from Class 3 onwards in the 2026–27 academic year. This initiative is part of the Na
Share It

India’s Textile Industry

Introduction The Government of India is preparing a comprehensive cost roadmap for the textile sector to bring domestic production costs in line with global standards. This initiative comes at
Share It

International Snow Leopard Day

International Snow Leopard Day is observed every year on 23rd October to raise awareness about snow leopard conservation and the challenges faced by this vulnerable species. Origin Internati
Share It

African Penguin

Appearance The African Penguin has a distinctive black stripe across its chest along with a unique pattern of black spots, which differ among individuals. It also possesses pink glands above it
Share It

Model Youth Gram Sabha (MYGS) Initiative

The Centre launched the first phase of the Model Youth Gram Sabha (MYGS), a pioneering initiative that seeks to introduce the concept of Gram Sabhas into school classrooms across India. Inspired b
Share It

Newsletter Subscription


ACQ IAS
ACQ IAS