NEW DELHI: The higher judiciary suffers from a ‘diversity-deficit’ as the representation of SCs, STs, OBCs, women and minorities is far below the desired levels, according to a parliamentary committee report.
In recent years, there has been a declining trend in representation from all the marginalised sections of Indian society, said the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its report
“Our higher judiciary suffers from a ‘diversity deficit’. The representation of SCs, STs, OBCs, women, and minorities in the higher judiciary is far below the desired levels and does not reflect the social diversity of the country,” said the panel, under the chairmanship of BJP Rajya Sabha MP Sushil Kumar Modi, after deliberations on ‘Judicial Processes and their Reforms.
Advocating for equal representation in the higher judiciary, the committee said that “adequate representation of various sections of Indian society will further strengthen the trust, credibility, and acceptability of the judiciary among the citizens”. It has also been stated that the government has informed that the need for ensuring adequate representation has also been acknowledged by the SC collegium.
After studying all pros and cons, the Committee has shared its view that while making recommendations for appointments to the higher Judiciary, both the SC and the HC collegiums should be recommended an adequate number of women and candidates from marginalised sections of the society, including minorities. Another notable point in the report is that the demand for having regional benches is a fundamental right under the Constitution.
“The regional benches may also be seen as a solution to overflowing caseloads of the judiciary and to reduce the litigation cost of the common man”, the committee stated, adding that Delhi-centric SC causes a big hurdle for those from far-flung areas. It has said that the SC may invoke Article 130 of the Constitution for establishing its regional benches at four or five locations in the country.