Diversity in Judiciary: Examining the Need for Broader Representation
A private bill seeks diversity in judicial appointments and regional benches.
Background Context
Why It Matters Now
The debate around diversity in the judiciary highlights the limitations of the collegium system in ensuring social representation.
• The current system emphasizes merit but has been criticized for lacking transparency and accountability. • There are concerns about nepotism and the underrepresentation of marginalized groups. • The private member Bill and discussions around NJAC reflect ongoing efforts to address these issues.
Key Takeaways
- •The collegium system is the primary mechanism for judicial appointments in India.
- •It evolved through Supreme Court judgments to ensure judicial independence.
- •The system has been criticized for lacking transparency and social diversity.
- •There are ongoing debates about reforming the appointment process.
- •The NJAC was an attempt to change the system but was struck down by the Supreme Court.
- •Diversity in the judiciary is seen as essential for ensuring fair representation and justice.
- •Regional benches of the Supreme Court could improve access to justice for citizens.
Different Perspectives
- •Some argue that merit should be the sole criterion for judicial appointments.
- •Others advocate for affirmative action to ensure social diversity.
- •Some believe the collegium system adequately protects judicial independence.
- •Others argue for a more transparent and accountable appointment process.
DMK MP P. Wilson introduced a private member Bill to amend the Constitution, aiming to bring diversity in judicial appointments and establish regional Supreme Court benches. The bill addresses the lack of social diversity in the judiciary, noting that between 2018 and 2024, only about 20% of judges appointed to higher judiciary belonged to SC, ST, and OBC categories, with even lower representation for women and religious minorities.
The bill mandates representation for these groups in proportion to their population when appointing judges to the Supreme Court and High Courts. It also proposes setting up regional Supreme Court benches in New Delhi, Kolkata, Mumbai, and Chennai to improve access to justice and address the backlog of over 90,000 cases. The collegium system, established in the Second Judges Case (1993), is the current method for judicial appointments, but it has faced criticism for lack of transparency and accountability.
The article suggests reviving the National Judicial Appointments Commission (NJAC) with broader representation as a potential long-term reform.
Key Facts
DMK MP P. Wilson introduced a private member Bill to amend the Constitution.
The bill aims to bring diversity in judicial appointments and establish regional Supreme Court benches.
Between 2018 and 2024, only about 20% of judges appointed to higher judiciary belonged to SC, ST, and OBC categories.
The proportion of women and religious minorities in the judiciary is less than 15% and 5% respectively.
The bill mandates representation for SC, ST, OBC, religious minorities, and women in proportion to their population.
The bill sets a maximum timeline of 90 days for the Central government to notify the recommendations of the collegium.
There are more than 90,000 cases pending in the Supreme Court as of January 2026.
UPSC Exam Angles
GS Paper II: Polity and Governance - Structure, organization and functioning of the Executive and the Judiciary
Connects to syllabus topics like judicial reforms, constitutional amendments, social justice, and representation of marginalized groups
Potential question types: Statement-based MCQs on judicial appointment process, analytical questions on the need for judicial diversity
In Simple Words
Our courts need judges from all backgrounds. A new proposal wants to change the rules so that more judges come from different social groups. This could also mean setting up Supreme Court branches in different parts of India, so everyone can access justice more easily.
India Angle
In India, many people feel the courts don't fully represent them. Having judges from different castes, religions, and genders could make the legal system fairer for everyone, from farmers to small business owners.
For Instance
Imagine a school where all the teachers come from the same background. It might be harder for them to understand the problems faced by students from different communities. Similarly, a diverse judiciary can better understand the issues faced by all Indians.
A fairer court system means everyone has a better chance at justice, no matter their background. This affects everything from property disputes to criminal cases.
A diverse judiciary is a more just judiciary.
Visual Insights
Key Statistics on Judicial Diversity
Highlights key statistics from the article regarding representation in the higher judiciary and case backlogs.
- SC, ST, OBC Judges (2018-2024)
- 20%
- Supreme Court Case Backlog
- 90,000+
Indicates the low representation of marginalized communities in higher judiciary.
Highlights the need for improved access to justice and efficiency.
Frequently Asked Questions
1. What is the main aim of the private member Bill introduced by DMK MP P. Wilson?
The bill primarily aims to bring diversity to judicial appointments and establish regional Supreme Court benches.
2. What are the key facts and figures regarding the representation of different social groups in the higher judiciary between 2018 and 2024?
Between 2018 and 2024, approximately 20% of judges appointed to the higher judiciary belonged to SC, ST, and OBC categories. The representation of women was less than 15%, and religious minorities was less than 5%.
3. Why is the issue of diversity in the judiciary important for UPSC aspirants?
Diversity in the judiciary is a crucial aspect of social justice and governance, aligning with UPSC's focus on inclusive representation and equitable access to justice. Understanding this issue helps in answering questions related to polity, social justice, and constitutional matters.
4. What is the collegium system, and how does it relate to the current debate on judicial diversity?
The collegium system is the method of appointing judges to the higher judiciary, where the Chief Justice of India and a panel of senior judges make recommendations. It is relevant to the diversity debate because critics argue that the collegium system has not adequately addressed the under-representation of marginalized communities.
5. What are the potential benefits of establishing regional Supreme Court benches?
Regional Supreme Court benches could improve access to justice for citizens across the country and help reduce the backlog of cases.
6. How might the proposed bill impact common citizens?
If implemented, the bill could lead to a more inclusive judiciary, potentially increasing public trust and confidence in the judicial system. Regional benches could also make it easier and more affordable for people to access the Supreme Court.
7. What are the arguments for and against mandating proportional representation in judicial appointments?
Arguments for include ensuring social justice and reflecting the diversity of the population. Arguments against include concerns about compromising merit and efficiency in judicial appointments.
8. What is a Private Member Bill and what is its significance in the Indian Parliament?
A Private Member Bill is a bill introduced in Parliament by a member who is not a minister. It allows individual MPs to raise issues and propose legislation, potentially influencing public discourse and government policy.
9. Why has the issue of judicial appointments been in the news recently?
The issue of judicial appointments has been in the news due to ongoing debates about the lack of diversity in the judiciary and concerns about the transparency and accountability of the collegium system.
10. What reforms, beyond the proposed bill, could improve diversity and access to justice?
Reforms could include a more transparent and accountable selection process, setting clear diversity targets, and providing support and mentorship programs for candidates from under-represented groups.
Practice Questions (MCQs)
1. Consider the following statements regarding the appointment of judges to the Supreme Court of India: 1. The Constitution explicitly mandates proportional representation for SC, ST, and OBC categories in judicial appointments. 2. The collegium system, established through judicial interpretation, currently governs the appointment process. 3. The Second Judges Case (1993) played a significant role in the evolution of the collegium system. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is INCORRECT: The Constitution does not explicitly mandate proportional representation for SC, ST, and OBC categories in judicial appointments. Statement 2 is CORRECT: The collegium system, established through judicial interpretation, currently governs the appointment process. Statement 3 is CORRECT: The Second Judges Case (1993) played a significant role in the evolution of the collegium system, establishing the primacy of the judiciary in appointments.
2. Which of the following statements accurately reflects the representation of marginalized communities in the higher judiciary between 2018 and 2024, as highlighted in the recent discussions on judicial diversity?
- A.Approximately 50% of judges appointed belonged to SC, ST, and OBC categories.
- B.About 20% of judges appointed belonged to SC, ST, and OBC categories.
- C.Women and religious minorities were adequately represented in proportion to their population.
- D.There was no significant disparity in representation across different social groups.
Show Answer
Answer: B
Option B is the correct answer. The discussions on judicial diversity have highlighted that between 2018 and 2024, only about 20% of judges appointed to the higher judiciary belonged to SC, ST, and OBC categories. This indicates a significant under-representation of these communities.
3. Assertion (A): The collegium system in India has been criticized for its lack of transparency and accountability in judicial appointments. Reason (R): The National Judicial Appointments Commission (NJAC) was an attempt to address these concerns but was later struck down by the Supreme Court. In the context of the above statements, which of the following is correct?
- A.Both A and R are true, and R is the correct explanation of A.
- B.Both A and R are true, but R is not the correct explanation of A.
- C.A is true, but R is false.
- D.A is false, but R is true.
Show Answer
Answer: A
Both the assertion and the reason are true. The collegium system has indeed faced criticism for its lack of transparency and accountability. The NJAC was introduced to address these issues, aiming to bring more representation and transparency to the appointment process. However, the Supreme Court struck it down, reaffirming the collegium system.
4. A private member Bill introduced in Parliament proposes establishing regional benches of the Supreme Court in which of the following cities? 1. New Delhi 2. Kolkata 3. Mumbai 4. Chennai Select the correct answer using the code given below:
- A.1 and 2 only
- B.2, 3 and 4 only
- C.1, 3 and 4 only
- D.1, 2, 3 and 4
Show Answer
Answer: D
The private member Bill proposes setting up regional Supreme Court benches in New Delhi, Kolkata, Mumbai, and Chennai. The aim is to improve access to justice and address the backlog of cases.
Source Articles
The need for diversity in the judiciary | Explained - The Hindu
Greater women participation in judiciary will improve quality: Supreme Court - The Hindu
Justice B.V. Nagarathna: A dissent to safeguard the future - The Hindu
The road to gender equity in courts - The Hindu
The under-representation of women in the judiciary - The Hindu