80% of judges appointed in High Courts from 2021-26 are upper castes: RS was informed

New Delhi: The Union government informed Parliament on Thursday that out of 593 judges appointed to various High Courts between January 2021 and January 2026, representation from Scheduled Castes, Scheduled Tribes and Other Backward Classes remains limited. According to the data shared, only 26 appointees belonged to the Scheduled Caste category, 14 to the Scheduled Tribes and 80 to Other Backward Classes.


Responding in writing to a question raised by DMK Rajya Sabha MP P. Wilson, Minister of State (Independent Charge) for Parliamentary Affairs Arjun Ram Meghwal said the figures were based on information submitted by those recommending candidates. He also noted that 37 judges appointed during the period belonged to minority communities, while 96 women were elevated to the High Courts.


Meghwal pointed out that under the existing Memorandum of Procedure, the responsibility for initiating proposals for judicial appointments lies with the Chief Justice of India in the case of the Supreme Court, and with the Chief Justices of the respective High Courts for High Court appointments. At the same time, he maintained that the government remained committed to improving social diversity in the judiciary and had repeatedly urged High Court Chief Justices to give due consideration to candidates from marginalised communities, minorities and women while forwarding recommendations.


Reacting to the reply, Wilson expressed concern over what he described as inadequate representation of OBC, SC and ST communities in both the High Courts and the Supreme Court. He said that even as the country approached the 76th year of the Constitution, the composition of the higher judiciary continued to reflect worrying trends, with several sections of society remaining underrepresented.


“As we enter the 76th year of our constitution, concerning trends persist in the composition of the High Court judges, with declining representation from various sections of society. There is a notable diversity deficit in High Courts, which does not reflect the wonderfully diverse and pluralistic society of India. Many social groups are underrepresented in the High Courts and the Supreme Court. There is evident discrimination in the recruitment process for High Court judges,” he said in a post on X.


He further pointed out that similar patterns were visible in earlier years as well. 

Giving the numbers provided in percentages, he stated that according to the data, 4.38% of high court judges are from the SC category, 2.36% from the ST category, 13.49% OBCs, whereas 79.76% belong to “Forward caste” (upper caste), the Wire reported.


He also said that between 2018 and October 30, 2024, the numbers were equally dismal, with 3.07% (21) from the SC category, 2.05% (14) from the ST category, 11.99% (82) OBCs and the rest 82.89% (567).


Wilson warned that such skewed representation could undermine the protection of the rights of marginalised groups and raised concerns that a largely homogeneous judiciary might not adequately reflect the diversity of social experiences, values and perspectives in India. He argued that judges inevitably interpret laws through the lens of their own backgrounds, making diversity essential for fairness.


Calling for constitutional amendments to ensure proportionate representation of OBC, SC and ST communities in High Court and Supreme Court appointments, Wilson said the continued dominance of certain social groups cast doubts on the objectivity of the collegium system and highlighted its failure to draw talent from across social divides.

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