RESERVATION IN

JUDICIARY

Submitted By: Avanthika Vasu, Parvesh

Natarajan, Durgesh C.N, U.S Yazhini
INTRODUCTION
Judiciary plays a key role in the justice system. It
upholds equality and protects the citizens from
any arbitrariness in the executive and legislature.
It aims protect the constitutional rights of the
citizens. So the principle of judicial
independence is important for the judiciary to run
smoothly, this is ensured through the Article 124,
217, 233, 234 and 235.
Issue
Currently the judiciary does not
have any reservation system. So the
present system does not satisfy the
national objective of social equity
and justice. And the report
highlights the issue of how lack of
reservation system in judiciary
impacts the society.
Why does the judiciary need
reservation system?
The Indian reservation
system has many criticism
some of which are valid.
But now does the judiciary
also need reservation
system ?.
THE NEED!
The report has stated various valid points to as why the judiciary needs
reservation:

➔ Personal Interest: People from the backward classes have first hand
experience and knowledge about the issues and they have personal interest
in welfare of such classes and so reservation would help them attain places in
decision making
➔ Indian Constitution: Yes the judiciary has independence but it also comes
under the ambit of the constitutional provisions. So it reflect and meet the
objectives of it.
➔ Also there is no reason for the government to withhold the policy from
certain areas like the judiciary.
➔ Flawed appointment system: The current system of appointment of judges is
vague and arbitrary.. Article 309 which gives the Chief justice unfettered power
in the matters of appointments leads to the arbitrariness and hence no
transparency in the appointing process
➔ Apathetic to backward classes: The report states the judiciary doesn’t bother to
make any social change as regards the issues that the backward classes face.
For example the judiciary has power to issue writs and direction for the welfare
to the backward classes but the court rarely invokes this power. Also the suo-
moto actions are taken against baba ramdev and his follower, in which there
were no casualties. Instead of taking suo-moto actions many serious crimes
against SC/ST’s.
➔ Theory of judicial relationship: The report comments about the new meaning of
“judicial relationship”, where generations of men from the same family, caste,
religion etc.
ARTICLE 12
The report suggests that the High Courts and Supreme Courts should
be treated as “State” under the Article 12 of the constitution.
In the Kesavanand Bharati case Hon’ble Justice Mathew that the
judiciary is also “State” in Article 12
 The Kaira Munda report

➔ According to the report the ➔ And in the case of ST

highest percentage of SC employees the highest
employees in all states was percentage of all the states
The Kaira Munda 15.67% in Himachal Pradesh was in Sikkim which was
report shows the 31.58%.
current representation
of SC/ST staff in High
Courts and Supreme
Courts.
This shows that there is inadequate representation of socially backward
classes in the judiciary. This report was published 11 years backs and no
action has been taken yet to improve the situation.
Reservation of Judges in Subordinate and Higher
Judiciary
➔ Subordinate Judiciary
1. Reservation is applicable to post of District Judge is some states and posts
other than the District Judges has reservation in all states
2. Article 233- Person who has 7 years of experience as an advocate or a
pleader is eligible for the post of District Judge
3. Article 234- For other posts appointment is made by the governor
➔ High Courts- No provision for reservation.
➔ Supreme Courts- No provision as of now, Constitution should be suitably
amended.
RECOMMENDATIONS
1.As decided by in the Keshwanand Bharti case, to treat the Supreme Court and
High Courts as "STATES" within the sense of Article 12 of the Constitution.

2.A National Judicial Commission should be established to make appointments to

the superior courts, which should include one member from each of the following
categories: SC, ST, OBC, and Minority, as well as the Law Minister, Chief Justice of
India, and one eminent person with a legal background (who is not a retired judge
of the High Court or Supreme Court) nominated by the President of India in
consultation with the Leaders of the Opposition in both Houses of Parliament.
National Commission of Backward Classes shall be consulted for any higher
position in the government including High Court and Supreme Court Judges.
When appointing appointments to the High Courts and the Supreme Court, the
National Judicial Commission must take into account and ensure that a minimum of
49.5 percent reservation for OBCs is followed. SCs account for 15% of the
population, whereas STs account for 7%.

New appointments should be created out of SC/ST (to the extent of 50%), and this
should be continued until SC/ST has a 22.5 percent reservation.

The High Courts and Supreme Court may issue open newspaper advertising to
request applications, and search committees may be formed by the High Courts
and Supreme Court to identify eligible advocates-in-practice from the SC/ST and
OBC communities.

3. The development of an All-India Judicial Services, similar to the IAS, is required

for appointment to the District Courts, said in the Forty Second Amendment to the
Constitution with reference to Article 312.

The Supreme Court has even ordered that All India Judicial Service Reservation be
implemented up to the level of District Judges in all states, based on at least two
decisions.

4. Appropriate recruitment procedures for the selection of employees and officers

of District Courts, High Courts, and the Supreme Court may be drafted, and Articles
15(4), 16(4), and (164A) of the constitution could be implemented.

5.Appointments to Commissions, Tribunals, Regulatory Authorities, and Consumer

Redressal Forums may be made with appropriate provisions for SC/STs and OBCs,
similar to the existing provision for women members.
CONCLUSION
The report has highlighted multiple commissions and reports such as the
Kaira Munda, Natichiappan Committee etc, that suggest that there very
little representation of the backward classes but still the government has
failed to take any actions. Reservation system is not the only way to uplift
people belonging in the backward classes but because of our corrupted and
flawed system the next best alternative is to provide reservation policy as a
means to ensure that the weaker section of the society is in the decision
making power.