Constitution (Amendment) Bill, 2026

The Bill aims to address the under-representation of marginalized groups in the higher judiciary and improve access to the Supreme Court for people across India. Existing mechanisms, particularly the collegium system, have been criticized for lacking transparency and perpetuating biases, leading to a judiciary that doesn't reflect India's social diversity. The Bill seeks to mandate diversity and establish regional benches, which current systems haven't achieved.

A key challenge lies in defining and implementing 'social diversity'. The Bill doesn't specify quotas or reservation systems, leaving room for interpretation. This ambiguity could lead to inconsistent application and potential legal challenges. Measuring diversity and ensuring its effective implementation across different High Courts and the Supreme Court also poses a significant hurdle.

The Bill implicitly challenges the collegium system by suggesting a need for greater accountability and a more structured approach to promoting diversity within the judiciary. While the collegium is defended as ensuring judicial independence, critics argue it lacks transparency and perpetuates biases. The Bill's success depends on how it interacts with the collegium system and whether it can introduce diversity without compromising judicial independence.

Examiners often frame Article 130 as mandating regional benches of the Supreme Court. The trap is that Article 130 *allows* the Chief Justice of India, with the President's approval, to appoint other places as seats for the Supreme Court, but it doesn't *require* it. The Bill seeks to *mandate* this, which is a change from the current constitutional position. Remember: Article 130 is permissive, the Bill aims to make it mandatory.

Critics argue that mandating social diversity could compromise merit and efficiency in judicial appointments. They suggest that focusing solely on representation might lead to the selection of less qualified candidates. A balanced response would acknowledge the importance of merit but emphasize that merit is not solely determined by traditional markers and that diversity can bring different perspectives and experiences that enhance the quality of judicial decision-making. Addressing structural barriers that prevent marginalized groups from accessing legal education and the legal profession is also crucial.

The Bill indirectly addresses judicial accountability by promoting a more diverse judiciary, which aims to enhance public trust in the legal system and ensure judges are more responsive to the needs of all sections of society. However, it doesn't directly address issues like corruption or misconduct. Its limitations lie in its indirect approach; it relies on diversity to improve accountability, rather than establishing direct mechanisms for oversight and redressal.

For the UPSC exam, remember these data points: From 2018 to 2024, approximately 78% of High Court judges appointed were from upper castes, while SCs and STs accounted for only about 5% each. Women constituted only 14% of High Court judges as of August 2024. Also, remember that the Supreme Court had over 90,000 pending cases as of January 2026. These figures highlight the need for the Bill's provisions.

To strengthen the Bill, India should consider: answerPoints: - Defining 'social diversity' more clearly, possibly with indicative criteria rather than rigid quotas, to avoid compromising merit. - Establishing a transparent and accountable mechanism for judicial appointments that incorporates diversity considerations without undermining judicial independence. - Investing in legal education and infrastructure in district courts to address structural barriers that prevent marginalized groups from entering the legal profession. - Implementing a robust monitoring and evaluation system to track the progress of diversity initiatives and ensure their effectiveness.

While existing affirmative action policies focus on reservations in government jobs and education, the Constitution (Amendment) Bill, 2026 specifically targets social diversity within the higher judiciary, an area currently not covered by reservation policies.

The establishment of regional benches has been a long-standing demand due to the high costs and logistical challenges faced by litigants from remote areas in accessing the Supreme Court, which is located only in Delhi. The Bill aims to address this by establishing benches in cities like Chennai, Mumbai, and Kolkata, making the apex court more accessible and reducing the burden on litigants.

Given that the Bill deals with the structure and composition of the judiciary, which affects the states, it might require ratification by the legislatures of not less than one-half of the states, as per Article 368(2) of the Constitution. Securing this ratification could be a significant hurdle, especially if some states disagree with the Bill's provisions.

The Bill relates to Articles 14 (Equality before law), 15 (Prohibition of discrimination), and 16 (Equality of opportunity in public employment) by aiming to ensure greater social justice and representation in the judiciary. You can strengthen your Mains answer by arguing that the Bill seeks to give practical effect to these articles, addressing historical inequalities and promoting a more inclusive and equitable judiciary. Citing these articles provides a strong constitutional basis for the Bill's objectives.