Why in the News?
During the tenure of Chief Justices D.Y. Chandrachud and Sanjiv Khanna, authorities appointed 15 out of 17 judges to the Madras High Court from BC, OBC, MBC, SC, or ST communities.
Why is BC/OBC/SC/ST representation highest in Madras High Court?
- Strong Social Justice Framework in Tamil Nadu: Tamil Nadu has a long history of affirmative action and reservation policies aimed at uplifting Backward Classes (BC), Other Backward Classes (OBC), Most Backward Classes (MBC), Scheduled Castes (SC), and Scheduled Tribes (ST), which creates a larger pool of eligible candidates from these communities.
- Better Educational Access and Mobility: The state contributes disproportionately to the OBC population in higher education—while Tamil Nadu has about 10% of India’s OBC population, it accounts for 13% of OBCs enrolled in higher education nationally. This leads to higher qualifications among BC/OBC candidates, increasing their chances of judicial appointments.
- Collegium Appointments Reflect State Demographics: The Supreme Court Collegium, while selecting judges, considers inputs from the state, and the Madras High Court appointments reflect this social reality, with 88.2% of recent appointees belonging to BC/OBC/MBC/SC/ST groups, the highest among all High Courts.
Why do Southern High Courts have more non-general category judges?
- Higher Social Mobility and Educational Access: Southern States like Tamil Nadu have better upward social mobility for BC/OBC groups, reflected in higher enrollment rates in higher education. Eg, Tamil Nadu has about 10% of India’s OBC population but accounts for 13% of OBCs in higher education nationally, which leads to greater representation in judicial appointments.
- Regional Political and Social Dynamics: Southern States often have political environments and social policies that encourage inclusion of non-general categories in key positions. Eg, Madras High Court had 88.2% of appointees from BC/OBC/SC/ST groups, the highest share among all High Courts.
What role do Chief Ministers and State Intelligence play in appointments?
- Chief Ministers’ Opinions Are Considered: The Supreme Court Collegium takes into account the views of Chief Ministers during the appointment process, which can subtly influence the selection of judges. Eg, this influence might explain variations in representation across States, though the exact extent of their impact is unclear.
- State Intelligence Inputs Are Used: The Collegium also reviews inputs from the State Intelligence Branch to assess candidates’ suitability and background. Eg, such inputs could affect appointments in States like Rajasthan, where political and security considerations might play a role.
How does BC social mobility affect judicial representation?
- Women from Non-General Categories Are Represented but in Small Numbers: Out of 34 women appointed, several belonged to BC, OBC, MBC, SC, or ST communities, showing some diversity in gender and social groups. Eg, at the Madras High Court, 5 women were appointed, including one from BC, one from MBC, and three from OBC categories.
- Other High Courts Also Appoint Women from Non-General Categories: States like Telangana, Kerala, Andhra Pradesh, Rajasthan, Guwahati, and Manipur have women appointees from various non-general groups, reflecting broader inclusivity. Eg, Telangana appointed women from BC and OBC categories, while Manipur had a woman appointee from the ST category.
Way forward:
- Institutionalize Diversity Criteria in Appointments: Formal guidelines should be introduced to ensure fair representation of BC/OBC/SC/ST and women in judicial appointments across all High Courts.
- Strengthen Educational and Legal Training Access: Expand scholarships, coaching, and mentorship programs for underrepresented communities to build a larger pool of eligible candidates for the judiciary.
Mains PYQ:
[UPSC 2021] Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.
Linkage: While the article focuses on social categories (caste/class), the underlying theme of ensuring diversity and representation in the judiciary is common. The article also provides data on women appointees, including their social categories in Madras HC.
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