Overview of Judicial Appointments in India
The swearing-in of B R Gavai as the 52nd Chief Justice of India was a momentous event, underscoring the nation's journey towards inclusivity.
- The event was significant as it featured India’s first tribal and second female president, Droupadi Murmu, administering the oath to India’s second Dalit and first-ever Buddhist top judge.
Challenges in Judicial Inclusivity
Despite the progress, there are still notable gaps in caste and gender representation within India's judiciary.
- Former CJI D Y Chandrachud highlighted the need for change in the predominantly patriarchal and caste-based structure of the legal profession.
- Statistics from 2023 indicate that only 1 in 6 of the 575 High Court judges appointed between 2018 and 2023 belonged to Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC), with just 18 from minority communities.
- Gender disparity is evident as all 52 Chief Justices have been men, and only 11 women have served as Supreme Court judges.
Gender and Caste Representation
The India Justice Report (IJR) further highlights the gender and caste gaps in judicial appointments.
- Women constitute only 38% of the district judiciary and 14% of High Court judges.
- No state has met all caste-based quotas in lower courts, according to the IJR 2022.
Constitutional Provisions and Recommendations
Reservations alone are insufficient for ensuring diversity, as Articles 124 and 217 of the Constitution do not mandate caste-based quotas for SC and HC judges.
- Institutions must recognize inherent biases and take corrective actions to foster inclusion and diversity actively.
