Need better representation among judges to uphold social justice: Ex-HC judge

These vacancies would be filed by elevating six advocates from the bar association and four judges of the district court.
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MADURAI: Judges are those who solve the problems of people from different sections and backgrounds, and they must hail from different communities and religions to uphold the principles of social justice and inclusivity, said retired high court judge D Hariparanthaman on Saturday.

Speaking on the sidelines of a signature campaign for social justice and inclusivity in the appointment of judges, Justice Hariparanthaman said there are 10 vacancies, out of the total sanctioned strength of 75 judges, in the Madras High Court. These vacancies would be filed by elevating six advocates from the bar association and four judges of the district court.

“There is greater representation of members from the dominant community as judges in the high court and the new elevations will further increase their representation. There must not be over-representation from one particular community in such appointments. A major population of the state, such as people from Scheduled Castes, Mukkulathors and Vanniyars do not have sufficient representation among judges’ appointments, and few other communities are not even represented. Around 13 more vacancies are likely this year following the retirement of the existing judges, and there is a high chance that the judges may hail from a particular community,” he stated.

Referring to the parliamentary committee’s statement on the lack of diversity in the judiciary, Justice Hariparanthaman said irrespective of the government, the issue prevails in the appointments. However, there has been an increase in the overrepresentation of a particular community after 2014, and there have been few elevations for minorities and women in recent years. “Some advocates, who belong to a dominant caste and are eligible, but are not in favour of the state machinery, are not able to become judges in the high courts. The central government has a hold on the judges' appointments, similar to the hold they have over some central agencies,” he added.

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