Case for diversity in higher courts

Collegium must address underrepresentation of Dalits, tribals and OBCs in the higher judiciary

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A former chief justice of Madhya Pradesh High Court, Suresh Kumar Kait, has alleged that the collegium, which makes the final selection of judges to constitutional courts, is “dishonest” in its treatment of people from the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backwards Classes (OBC), while making appointments to the high courts.

His claim rests on the fact that the number of judges from these social groups is not commensurate with their share in the country’s population. Kait has proposed reservations to address this anomaly. Kait’s very subjective description of the conduct of the collegium could be discarded, but his remark about the lack of diversity and representation in the higher judiciary surely calls for a conversation.