Parliament Question: Social diversity in Judiciary

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE LOK SABHA STARRED QUESTION NO. 197 ANSWERED ON FRIDAY, THE 01ST 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.

[1]STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (c) IN RESPECT OF LOK SABHA STARRED QUESTION NO. 197 FOR REPLY ON 01st 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.

[2]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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