Lok Sabha Question No. 3906 (UNSTARRED), answered on 2017-08-09
Subject: SC/ST/OBC Judges
Ministry: LAW AND JUSTICE
Asked by: CHIRAG PASWAN, ANUPAM HAZRA, HARINDER SINGH KHALSA

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO.3906

## TO BE ANSWERED ON WEDNESDAY, THE 09.08.2017

## SC/ST/OBC Judges

## +3906. SHRI.CHIRAG PASWAN DR. ANUPAM HAZRA SHRI HARINDER SINGH KHALSA

Will the Minister of LAW AND JUSTICE be pleased to state:

(a)   the details of the Judges from the SC,ST and OBC communities working in the High Court and Supreme Court since last 15 years;

(b)   whether it is a fact that the prejudice or the non-availability of the candidates from these communities are instrumental for the current situation and if so, the details thereof;

(c)   whether the principle of merit governs the selection of the judges for the higher judiciary and if so, what are those standards and how these have been objectively applied in such selection since the last 10 years along with the details of cases, name-wise; and

(d) whether steps have been taken by the Government to establish the principle of meritocracy in the selection of judges in the higher judiciary and if so, the details thereof?

## ANSWER

## Minister of State  for  Law and Justice and Electronics and Information Technology.

## (SHRI P.P. CHAUDHARY)

(a)  to  (d): Appointment of  Judges  of the  Supreme Court and  High Courts are made  under Articles  124  and  217  of  the  Constitution  of  India  respectively,  which  do  not  provide  for reservation for any caste or class of persons. Therefore, no caste or class-wise data of Judges is maintained. The Government has, however been requesting the Chief Justices of the High Courts that while sending proposals for appointment of Judges, due consideration be given to suitable  candidates  belonging  to  Scheduled  Castes,  Scheduled  Tribes,  Other  Backward Classes, Minorities and women.

The Judges of Supreme Court and High Courts are appointed after a rigorous process of selection. The initiation of the proposal for appointment of a Judge of Supreme Court vests with the Chief Justice of India who forms his opinion in consultation with a Collegium of the four senior-most puisne Judges of the Supreme Court. Similarly  the initiation of the proposal of appointment of a Judge of a High Court vests with the Chief Justice of the concerned High Court who makes a recommendation in consultation with the two senior-most Judges of the High  Court  which  constitute  the  High  Court  Collegium.  If  the  Chief  Minister  desires  to recommend the name of any person, he should forward the same to the Chief Justice of the High Court for consideration.

A  citizen  is  qualified  for  appointment  as  a  Judge  of  a  High  Court  if  he  has  held Judicial Office in the territory of India for at least 10 years or has  for at least 10 years been an Advocate of a High Court or of two or more such courts in succession. The Judges of High Court are appointed after being assessed by Judiciary on various parameters such as standing and  experience,  competence,  Judicial  potential,  integrity  and  character.  An  Advocate  is assessed based on his Gross Professional Income, the reported and unreported Judgments in which  he  has  argued  independently  etc.  The  Judicial  Officer  is  assessed  by  the  Judiciary based  on  his  seniority, fulfilment  of  prescribed  age  limit,  Annual  Performance  Appraisal Reports  during  the  last  15  years  and  scrutiny  of  the  quality  of  Judgments passed  by  the officers  by a Judgment Evaluation Committee.

The  name-wise  details  of  the  Judges  of  Supreme  Court  and  High  Courts  as  on 1.11.2014 (Final) and as on 1.5.2017 (Provisional) along with their bio-data are available on the website of the Department of Justice which can be accessed at http://www.doj.gov.in as Judges Handbook.

The endeavour of the Government as well as the Judiciary is to ensure that the most meritorious and the most suitable candidates  are appointed as Judges of Supreme Court and High Courts.  The effort of the  Government is to supplement  the existing Memorandum of Procedure  (MoP)  by  making  the  appointment  process  transparent,  fair  and  accountable according to the Supreme Court Judgment dated 16.12.2015.

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