Lok Sabha Question No. 2971 (UNSTARRED), answered on 2023-03-17
Subject: SC/ST Advocates and Judges
Ministry: LAW AND JUSTICE
Asked by: Naba (Hira) Kumar Sarania

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

## LOK SABHA

## UNSTARRED QUESTON No.2971 TO ANSWERED ON FRIDAY, THE 17.03.2023

## SC/ST Advocates and Judges

## 2971.  SHRI NABA KUMAR SARANIA:

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

- (a) the  details  of  Scheduled  Castes  (SCs)  and  Scheduled  Tribes  (STs) advocates who have been designated as Senior Advocates and Advocates on Record in the High Courts and the Supreme Court of India, court-wise;
- (b) the details of SC and ST judges and advocates who have been proposed to be appointed as judges of High Courts and Supreme Court in the recent past;
- (c) the  details  of  SC  and  ST  judges  and  advocates  actually  appointed  as judges of High Courts and Supreme Court since independence; and
- (d) the details of High Courts which have special bench to hear matter/appeal under SC ST (Prevention of Atrocities) Act, 1989?

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

(a): Advocates practicing in the Supreme Court and High Courts are designated as  Senior  Advocates  by  the  Supreme  Court  and  respective  High  Courts.  The Supreme Court of India and the High Court's seek application for conferment of the  designation  of  Senior  Advocate  as  a  part  of  the  Court  practice  and administration. The Supreme Court of India has laid down norms/guidelines to govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country vide its judgment dated 12.10.2017 in WP(C) No. 33 of 2016 and WP(C) No. 819 of 2016.  As per the information available in  the  court  websites,  as  on  11.12.2021  there  are  436  designated  Senior Advocates and 3041 Advocates-on-Record in the Supreme Court of India.  The High Courts have approximately 1,306 designated Senior Advocates. However, no  specific  detail  is  maintained  with  regard  to  social  status  as  SC/ST  of  the designated Senior Advocates.

(b) 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.    As  on  16.03.2023,  High  Court  Collegiums  have  recommended 124 names for appointment as High Court Judges which are under consideration with  the  Government  and  the  Supreme  Court  Collegium.  Out  of  these,  04 recommendees  belong  to  SC  category  and  03  recommendees  belong  to  ST category.

(c): The data regarding social diversity in the appointment of High Court Judges has been institutionalized as per the revised Annexure (revised in 2018) wherein the recommendees have to provide details regarding their social background in the  prescribed  format  (prepared  in  consultation  with  the  Supreme  Court). Hence, data since 2018 has been maintained. Out of 569 Judges appointed in the High Courts since 2018, 17 Judges belong to SC category and 09 Judges belong to ST category

(d)  The  designation  of  special  benches  to  hear  matter/appeal  under  SC/ST (Prevention of Atrocities) Act, 1989 falls within the domain of High Courts.