Lok Sabha Question No. 264 (STARRED), answered on 2016-08-04
Subject: Reservation in Judicial Appointments
Ministry: LAW AND JUSTICE
Asked by: BHANU PRATAP SINGH VERMA

- (a) to (d) :

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

## LOK SABHA

## STARRED QUESTION NO.264

## TO BE ANSWERED ON THURSDAY, THE 4 th  AUGUST, 2016

Reservation in Judicial Appointments

+*264.   : SHRI BHANU PRATAP SINGH VERMA

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

- (a)  whether  there  is  any  provision  for  reservation  for  various  categories  such  as Scheduled  Castes/Scheduled  Tribes  and  Other  Backward  Classes  in judicial appointments and if so, the details thereof;
- (b) the number of such posts lying vacant, category-wise in the courts;
- (c) the steps taken/being taken by the Government to fill up these vacancies in a time-bound manner; and
- (d) whether  suggestions  have  been  received  from  various  quarters  to  provide reservations  in  higher  judicial  appointments  and  amend  Constitution  of  India, accordingly, if so, the details thereof along with follow-up action taken thereon?

## ANSWER

## MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

## (SHRI RAVI SHANKAR PRASAD)

A Statement is laid on the Table of the House.

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STATEMENT REFERRED TO IN REPLY TO  PARTS (a) TO (d) OF LOK SABHA STARRED QUESTION NO.264  DUE FOR ANSWER ON 04.08.2016.

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

Under Article 235 of the Constitution of India, the administrative control over the  members  of  district  and  subordinate  judiciary  in  the  States  vests  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 issues of appointment, promotion, reservations etc. of judicial officers in the State Judicial Service. Central Government has no direct role in this regard.

Most  recently,  upon  receiving  representations  from  various  sources,  the Member-Secretary, National Commission for Backward Classes (NCBC) requested the Government to consider providing 27% reservations for OBCs in lower as well as Higher Judicial Services of the National Capital Territory of Delhi. The request was forwarded to the Government of NCT of Delhi and the Delhi High Court for taking necessary action.

(d)            The  suggestions  from  various  quarters/sources  have  been  received  for making  reservations  in  higher  judiciary  and  amending  the  Constitution  of  India. However,  at  present  there  is  no  proposal  under  consideration  to  amend  the Constitution for providing reservation in higher judiciary.

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