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.

Indian Ports Act, 2025

Why is the Indian Ports Act, 2025 in the News? The President of India has granted assent to the Indian Ports Act, 2025, which replaces the previous Indian Ports Act of 1908. This new Act aims t
Share It

Private Sector in Defense Production

The growth in private sector participation in India's defense production marks a significant shift in the country’s defense strategy and industrial landscape. The private sector share in
Share It

India-Mauritius

The visit of the Prime Minister of Mauritius to Varanasi marked a significant milestone in strengthening the India-Mauritius bilateral ties. Describing India as a trusted partner in Mauritius'
Share It

solar manufacturing ecosystem

India's ambitious plan to develop a fully indigenous solar manufacturing ecosystem by 2028 is an essential step towards achieving energy security, sustainability, and enhancing its position as
Share It

Political Unrest in Nepal

Nepal’s ongoing political unrest, exacerbated by Prime Minister K P Sharma Oli’s resignation and youth-led protests, has created a volatile environment that directly impacts India&rsqu
Share It

Karnataka Platform-Based Gig Workers

Karnataka has recently passed the Karnataka Platform-Based Gig Workers (Social Security and Welfare) Bill, 2025, aimed at safeguarding the rights and welfare of gig workers. Key Provisions of t
Share It

Income Tax Act 2025

The Income Tax Act, 2025 has received Presidential assent and will replace the Income Tax Act, 1961. The new Act is designed to simplify tax laws, modernize existing provisions, and improve the ef
Share It

Cotton Sector

The Union Government has taken significant steps to support the cotton sector in India, addressing key challenges related to rising imports, farmer welfare, and low domestic production. These meas
Share It

Aircraft Leasing: Wet and Dry Lease

In light of the ongoing global aircraft shortage exacerbated by the COVID-19 pandemic and supply chain disruptions, airlines have increasingly turned to wet and dry leases as solutions. These leas
Share It

India and Israel Sign New Bilateral Investment Treaty (BIT)

India and Israel have recently signed a Bilateral Investment Treaty (BIT), marking a significant development in their bilateral relationship. This agreement, which replaces the older BIT signed in
Share It

Newsletter Subscription


ACQ IAS
ACQ IAS