Lok Sabha Question No. 3117 (UNSTARRED), answered on 2024-12-13
Subject: Representation of Judges of Weaker Section in Supreme Court and High Courts
Ministry: LAW AND JUSTICE
Asked by: Shri Robert Bruce C

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

## LOK SABHA UNSTARRED QUESTION NO. 3117

## TO BE ANSWERED ON FRIDAY, THE 13.12.2024

## Representation of Judges of Weaker Section in Supreme Court and High Courts

## 3117. Shri Robert Bruce C:

Will the Minister of Law and Justice be pleased to state:

- (a) the number of Judges appointed to Supreme Court and to High Courts of the country since 2014, year-wise;
- (b) whether it is a fact that from 2018 to 2022, a total of 537 Judges were appointed to the High Courts, of which 1.3 per cent belonged to STs, 2.8 per cent to SCs, 11 per cent were from the OBC category and 2.6 per cent were from minority communities;
- (c) if so, the details thereof and the reasons for inadequate representation of
- Judges of the said communities in Supreme Courts and High Courts; and (d) the steps being taken by the Government to provide adequate representation to the said communities in Supreme Court and High Courts?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

(SHRI ARJUN RAM MEGHWAL)

- (a): The information is placed at Annexure .

(b) to (d): Appointment of Judges to the Supreme Court and High Courts is made under Articles 124, 217 and 224 of the Constitution of India and according to the procedure laid down in the Memorandum of Procedure (MoP) prepared in 1998 pursuant to the Supreme Court Judgment of October 6, 1993 (Second Judges case) read with their Advisory Opinion of October 28, 1998 (Third Judges case), which do not provide for reservation for any caste or class of persons.

However, since 2018, the recommendees for the post of High Court Judges are required to provide details regarding their social background in the prescribed format (prepared in consultation with the Supreme Court). Based on the information provided by the recommendees, out of 684 High Court Judges appointed since 2018, 21 belong to SC category, 14 belong to ST category, 82 belong to OBC category and 37 belong to Minorities (As on 09.12.2024).

As per the Memorandum of Procedure (MoP), the responsibility for initiation of proposals for appointment of Judges in the Supreme Court vests with the Chief Justice of India, while the responsibility for initiation of proposals for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court, in consultation with two senior-most puisne Judges of the High Court. However, the Government 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 the appointment of Judges in High Courts.

## Annexure

## Number of Judges appointed in the Supreme Court and High Courts since 2014 (As on 09.12.2024)

1. SUPREME COURT:
2. HIGH COURTS:

|   Year(s) | Number of Appointments   |
|-----------|--------------------------|
|      2014 | 09                       |
|      2015 | 01                       |
|      2016 | 04                       |
|      2017 | 05                       |
|      2018 | 08                       |
|      2019 | 10                       |
|      2020 | --                       |
|      2021 | 09                       |
|      2022 | 03                       |
|      2023 | 14                       |
|      2024 | 04                       |

|   Year (s) |   Fresh Appointments |
|------------|----------------------|
|       2014 |                   82 |
|       2015 |                   35 |
|       2016 |                  126 |
|       2017 |                  115 |
|       2018 |                  108 |
|       2019 |                   81 |
|       2020 |                   66 |
|       2021 |                  120 |
|       2022 |                  165 |
|       2023 |                  110 |
|       2024 |                   34 |