i) Social diversity in appointments of judges
The 133rd report said that the higher judiciary suffers from a ‘diversity deficit‘ and that representation of Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), women and minorities is far below the desired levels and does not reflect the social diversity of the country.
The department highlighted that in the present system of appointments, the judiciary initiates the proposals to appoint High Court and Supreme Court judges, and the onus of addressing the issue rests with the Judiciary.
The government has stated that it is committed to social diversity in the appointment of judges in the higher judiciary and has been requesting Chief Justices of High Courts that while sending proposals for appointment of judges, due consideration be given to suitable candidates belonging to SCs, STs, OBCs, minorities and women to ensure social diversity.
The Committee, however, has observed that the views on the draft Memoranda of Procedure (MoP) of the Supreme Court for appointments to the higher judiciary are still awaited.
“Whenever it is finalized, the Government may factor in the aspect of social diversity into it. The Committee desires that the Ministry may pursue the Supreme Court to send its views on the MoP at the earliest,” it has said.
Source: Barandbench
