Rajya Sabha MPs plead for quota in judiciary

A strong plea for reservation in judiciary was made by members in Rajya Sabha on Friday who sought an amendment in the Constitution and an all-party meet to discuss the issue. However, the Narendra Modi government clarified that there was currently no such proposal in this regard.

Union law and justice minister Sadananda V. Gowda said the appointment of the judges of Supreme Court and high courts was made under Articles 124 and 217 of the Constitution which do not provide for any quota for any caste or class of persons. He was replying to a question on the issue of reservation for OBCs, SCs, STs, Muslim and women in the judicial services,

“The government has, however, requested the chief justices of the high courts that while sending proposals for the appointment of judges, due consideration be given to suitable candidates belonging to OBCs, Scheduled Castes, Scheduled Tribes, minorities and from amongst women,” the minister clarified.

MPs from Congress, CPI and BSP favoured reservation in the higher judiciary and sought the convening of an all-party meet on the issue.

Mr Gowda said under Article 235 of the Constitution, the administrative control over members of district and subordinate judiciary in the states vested with the concerned high court.

The minister also recalled that recently, upon receiving representations from various sources, member secretary of National Commission for Backward Classes (NCBC) requested the government to consider providing 27 per cent reservations for OBCs in lower as well as higher judicial services in the National Capital territory of Delhi.

“Since the matter pertains to state governments of NCT of Delhi, the request has been forwarded to them as well as to the Delhi high court for taking necessary action,” he said. The minister rued that unfortunately the government’s attempt to set up National Judicial Appointments Commission (NJAC) has got stuck.

Responding to demands from members to call an all-party meeting to consider the matter, the minister said the suggestion has been “well-taken” and the government will look into it. Mr Gowda also reminded that practically, no reservation provision on caste and community lines existed in the appointment of judges in the Supreme Court and high court as per the Constitution.

“The government has been repeatedly asking the SC and the HCs to please consider reservation while appointing judges,” he said. Mr Gowda said there are about 19 states where quota existed in appointments to judicial services and lower courts.