Meghwal stresses diversity in judicial appointments

The Union Law and Justice Minister revealed the data regarding diversity among the higher judiciary appointed between 2018 and 2023. He emphasised that while a significant portion of the appointments are from the general category, efforts are on to encourage diversity in judicial appointments. Law Minister Arjun Meghwal also said that transparency, fairness, representativeness and acceptability should be increased in the system of appointments to courts. NJAC was passed in 2015 for this very purpose. Now efforts are being made to finalise the MOP as per the suggestions of the judiciary.

Information provided by the Union Law and Justice Minister shows that of the 650 high court judges appointed between 2018 and 2023, 492 (75.69%) are from the general category. Of these appointments, 23 are from the Scheduled Caste (SC) category, 10 from the Scheduled Tribe (ST) category, 76 from Other Backward Classes and 36 from religious minorities. These are approximately 3.54%, 1.54%, 11.7% and 5.54% respectively, totalling approximately 22.24%. The ministry noted that data for 13 judges was not available.

This disclosure was made by Law Minister Arjun Ram Meghwal in response to questions raised by Communist Party of India (Marxist) Rajya Sabha MP Dr. John Brittas.
Furthermore, the Minister shared information regarding representation of women in the higher judiciary. Of the total 824 judges currently serving in the Supreme Court and High Courts (34 in SC and 790 in HC), there are 111 women, which is about 13.5%.
The Law Ministry reiterated its continued efforts to encourage Chief Justices of High Courts to consider suitable candidates from Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and women while proposing appointments of Judges, with the aim of enhancing social diversity in the appointments of judges.

Affirming the government’s commitment to social diversity in higher judiciary appointments, Law and Justice Minister Arjun Ram Meghwal said, “The government is committed to social diversity in the appointment of judges to the higher judiciary”.
The Ministry clarified that within the existing collegium system for appointment of judges to the High Courts and the Supreme Court, the responsibility of ensuring social diversity, including representation of SC/ST/OBC/women/minorities, rests primarily with the judiciary.

Further, the Ministry highlighted the ongoing efforts to finalise the Revised Memorandum of Procedure (MOP) in consultation with the Collegium. This is in line with the Supreme Court’s judgment in the 2015 NJAC case, which aims to enhance transparency, fairness, representativeness and acceptability in the appointment system to constitutional courts. The association had stated the need for reforms in the MOP in 2017, 2021 and 2023 and had urged the Supreme Court to expedite its finalization.

According to the ministry, the draft MOP for appointment of judges to the High Court includes a merit-based approach, with an effort to provide as much representation as possible to women and marginalised sections of the society, as agreed by the Supreme Court.