Lok Sabha Question No. 197 (STARRED), answered on 2025-08-01
Subject: Social diversity in Judiciary
Ministry: LAW AND JUSTICE
Asked by: Shri Sachithanantham R

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

## LOK SABHA STARRED QUESTION NO. 197 ANSWERED ON FRIDAY, THE 01 ST  AUGUST, 2025

## Social diversity in Judiciary

## *197.  SHRI SACHITHANANTHAM R:

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

- (a) the  present  position  regarding  social  diversity  in  Judiciary  in  the background  of  recent  SC  decision  to  implement  reservation  in  the staff appointments;
- (b) whether the Government has taken up the issue of Reservation in the appointments  of  Judges  in  SC  and  HCs  in  light  of  the  remark  by Hon'ble Chief Justice of India, if so, the action taken in this regard and if not, the reasons therefor; and
- (c) whether the appointment of 78% of judges to HCs since 2018 from Upper  castes  warrant  an  urgent  need  to  overhaul  the  system  of judicial  appointments  for  SC  and  HCs,  if  so,  the  reaction  of  the Government in this regard?

## 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) to (c): A statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (c) IN RESPECT  OF  LOK  SABHA  STARRED  QUESTION  NO.  197  FOR REPLY ON 01 st  AUGUST, 2025 REGARDING 'SOCIAL DIVERSITY IN JUDICIARY'

(a) to (c): Appointment of Judges to the Supreme Court and High Courts is made under Articles 124, 217 and 224 of the Constitution of India, which do not  provide  for  reservation  for  any  caste  or  class  of  persons.  Therefore, category-wise  data  pertaining  to  representation  of  any  caste  or  class  of persons  among  the  Judges  of  Supreme  Court  and  the  High  Courts  is  not centrally available. 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). As  per  the  information  provided  by  the  recommendees,  out  of  753  Judges appointed from 2018 till 28.07.2025, 24 belong to SC category, 17 belong to ST  category,  93  belong  to  OBC  category  and  42  belong  to  the  minority category.  117  women  were  appointed  as  Judges  in  various  High  Courts during the same period.

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. However, the Government is committed to enhancing social diversity in 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 the appointment of Judges in High Courts.  Only  those  persons  who  are  recommended  by  the  Supreme  Court Collegium, are appointed as Judges of the Supreme Court and High Courts.

The staff of the High Courts are to be appointed as per Rules made by the High Courts in accordance with the powers conferred by Article 229(2) of the  Constitution,  which  provides  that 'the  conditions  of  service  of  officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose'.

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