Lok Sabha Question No. 3298 (UNSTARRED), answered on 2022-08-05
Subject: Reservation for Transgender in Judiciary
Ministry: LAW AND JUSTICE
Asked by: Diya Kumari

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

## LOK SABHA

## UNSTARRED QUESTION NO. 3298 TO BE ANSWERED ON FRIDAY, THE 05 TH  AUGUST, 2022

## RESERVATION FOR TRANSGENDER IN JUDICIARY

## 3298. MS. DIYA KUMARI:

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

- (a) whether the Government has any data on the number of women and transgender persons in the judiciary during the last ten years;
- (b) if so, the details thereof;
- (c)  whether  the  Government  has  taken  any  steps  to  make  the  judiciary  more accessible and inclusive for women and transgender persons, if so, the details thereof and if not, the reasons therefor;
- (d) whether the Government has any plans for providing reservations to women and
- transgender persons in the judiciary; and
- (e) if so, the details thereof?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

- (a) & (b): Appointment of Judges of the Supreme Court and High Courts is made under Articles 124, 217 and 224 of the Constitution of India, which do not provide reservation for any  caste  or  class  of  persons.  Hence  no  caste/category  wise  data  is  maintained  centrally. However, the data on the number of women judges presently working in the Supreme Court and various High Courts, is at Annexure-I .

Under Article 235 of the Constitution of India, the administrative control over the members of district and subordinate judiciary in the States vest with the concerned High Court.  Further,  in  exercise  of  powers  conferred  under  proviso  to  Article  309  read  with Articles 233 and 234 of the constitution, the respective State Government, in consultation with the High Court, frames the Rules and Regulations regarding the issue of appointment, promotion,  reservations  and  retirement  of  Judicial  Officers  in  the  State  Judicial  Service. Hence, in so far as recruitment of judicial  officers  in  the  States  is  concerned,  respective High Courts do it in certain States, whereas the High Courts do it in consultation with the State  Public  Service  Commissions  in  other  States.    However,  the  details  of  working strength of women judges in District & Subordinate Courts is at Annexure-II.

(c) to (e): Appointment of Judges of the High Courts is made under Articles 217 and 224 of the Constitution of India, which do not provide for reservation for any caste or class of persons. However, the Government is committed to social diversity in the appointment of Judges in the Higher Judiciary and has been requesting the Chief Justices of 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 to ensure social diversity in appointment of Judges in High Courts.

The Union Government does not have a role under the Constitution in the selection and appointment of judicial officers in District/ subordinate judiciary. The Supreme Court, in its orders of 04 th January, 2007 in Malik Mazhar case, has devised a process and time frame  to  be  followed  for  the  filling  up  of  vacancies  in  subordinate  judiciary  which stipulates  that  the  process  for  recruitment  of  judges  in  the  subordinate  courts  would commence on 31st March of a calendar year and end by 31st October of the same year. The Supreme Court has permitted State Governments / High Courts for variations in the time schedule  in  case  of  any  difficulty  based  on  the  peculiar  geographical  and  climatic conditions in the State or other relevant conditions.

Further, in compliance of the above directions of the Supreme Court, Department of Justice forwarded a copy of the Malik Mazhar judgement to Registrars General of all High Courts for necessary action. Department of Justice is writing from time to time to Registrars General of all High Courts to expedite the filling up of vacancies in subordinate judiciary mandated by Malik Mazhar case.

*******

Annexure-I STATEMENT REFERRED TO IN REPLY TO PARTS (A) & (B) OF LOK SABHA UNSTARRED QUESTION NO. 3298 FOR ANSWER ON 05.08.2022 REGARDING

'RESERVATION FOR TRANSGENDER IN JUDICIARY'.

.

| S. No.   | Name of the Court   | 25.07.2022   |
|----------|---------------------|--------------|
| A.       | Supreme Court       | 04           |
| B.       | High Court          |              |
| 1        | Allahabad           | 05           |
| 2        | Andhra Pradesh      | 04           |
| 3        | Bombay              | 08           |
| 4        | Calcutta            | 07           |
| 5        | Chhattisgarh        | 01           |
| 6        | Delhi               | 12           |
| 7        | Gauhati             | 02           |
| 8        | Gujarat             | 06           |
| 9        | Himachal Pradesh    | 02           |
| 10       | J &Kand Ladakh      | 02           |
| 11       | Jharkhand           | 01           |
| 12       | Karnataka           | 05           |
| 13       | Kerala              | 06           |
| 14       | Madhya Pradesh      | 03           |
| 15       | Madras              | 12           |
| 16       | Manipur             | 00           |
| 17       | Meghalaya           | 00           |
| 18       | Orissa              | 01           |
| 19       | Patna               | 00           |
| 20       | Punjab &Haryana     | 07           |
| 21       | Rajasthan           | 02           |
| 22       | Sikkim              | 01           |
| 23       | Telangana           | 09           |
| 24       | Tripura             | 00           |
| 25       | Uttarakhand         | 00           |
|          | Total (B)           | 96           |

Annexure-II STATEMENT REFERRED TO IN REPLY TO PARTS (A) & (B) OF LOK SABHA UNSTARRED QUESTION NO. 3298 FOR ANSWER ON 05.08.2022 REGARDING 'RESERVATION FOR TRANSGENDER IN JUDICIARY'. Statement  showing  the  details  of  working  strength  of  Women  Judges  in  District  &

## Subordinate Courts as on 25.07.2022

| Sl. No.   | States &Uts         |   Civil Judge (Junior Division) |   Civil Judge (Senior Division) |   District Judge |
|-----------|---------------------|---------------------------------|---------------------------------|------------------|
| 1         | Andhra Pradesh      |                             123 |                              55 |               45 |
| 2         | Arunachal Pradesh   |                               7 |                               4 |                1 |
| 3         | Delhi               |                             166 |                              20 |               95 |
| 4         | Karnataka           |                             149 |                             120 |               89 |
| 5         | Puducherry          |                               2 |                               0 |                3 |
| 6         | Rajasthan           |                             260 |                             121 |              126 |
| 7         | Tamil Nadu          |                             216 |                             100 |              112 |
| 8         | Nagaland            |                               6 |                               2 |                7 |
| 9         | Telangana           |                             131 |                              36 |               50 |
| 10        | D &NHaveli          |                               0 |                               0 |                0 |
| 11        | Daman &Diu          |                               0 |                               0 |                0 |
| 12        | Goa                 |                              15 |                               8 |                5 |
| 13        | Maharashtra         |                             346 |                             139 |              112 |
| 14        | Sikkim              |                               0 |                               0 |                0 |
| 15        | Meghalaya           |                              14 |                               9 |                9 |
| 16        | Manipur             |                               5 |                              10 |                4 |
| 17        | Mizoram             |                              13 |                               2 |                6 |
| 18        | Assam               |                             120 |                              61 |               21 |
| 19        | Bihar               |                             256 |                              33 |               38 |
| 20        | Chandigarh          |                               7 |                               0 |                4 |
| 21        | Chhattisgarh        |                              99 |                              40 |               44 |
| 22        | Gujarat             |                             104 |                              74 |               50 |
| 23        | Haryana             |                              70 |                              59 |               52 |
| 24        | Himachal Pradesh    |                              36 |                              11 |                8 |
| 25        | Jammu and Kashmir   |                              37 |                              24 |                8 |
| 26        | Kerala              |                             125 |                              39 |               42 |
| 27        | Ladakh              |                               1 |                               2 |                0 |
| 28        | Lakshadweep         |                               0 |                               0 |                0 |
| 29        | Madhya Pradesh      |                             300 |                             133 |              103 |
| 30        | Odisha              |                             185 |                             114 |               45 |
| 31        | Punjab              |                             156 |                              59 |               60 |
| 32        | Tripura             |                              20 |                              14 |                4 |
| 33        | Uttar Pradesh       |                             404 |                             170 |              220 |
| 34        | Uttarakhand         |                              51 |                              33 |               22 |
| 35        | Jharkhand           |                              85 |                              39 |               10 |
| 36        | Andaman and Nicobar |                               0 |                               0 |                0 |
| 37        | West Bengal         |                             210 |                              80 |               40 |
|           | TOTAL               |                            3719 |                            1611 |             1435 |