The fact that in the 70 years of its existence, India’s Supreme Court has seen only eight woman judges and one Dalit chief justice is testament to the reality that the composition of our judiciary is not representative of our population. At present, women constitute a shockingly low 11 per cent of high court judges and there is not a single Dalit chief justice in any high court. The numbers are surprisingly different at the level of subordinate judiciary—28 per cent of judicial officers were women (as of 2017). So, it prompts us to ask questions.
But first, that a diverse judiciary is necessary is a given: it boosts public confidence in the institution and lends it democratic legitimacy. When the Supreme Court diluted the prevention of atrocities act, provoking outrage from Dalits, many openly traced it to skewed representation in the judiciary. It is logical that greater diversity of views on the bench will contribute to quality adjudication that draws from various life experiences and understands the different realities of litigants from varied backgrounds.
An inadvertent filter
The question now is, how do the numbers get so skewed? And what can we do? A good starting point may lie in exa mining the mode of selection/appointment—we are inc lined to think this plays a pivotal role in inadvertently filtering out certain social groups. For a situation without that filter, look at the threestage process to become a judicial magistrate or civil judge: two exams and an inter view, open to fresh law graduates. That is, an objective contest based purely on knowledge, irrespective of socio economic background—perhaps the best explanation for the diversity at that level. By contrast, appointments to the higher courts are made through the collegium system, where the Chief Justice of India and senior Supreme Court judges do the selection.
This story is from the February 03, 2020 edition of Outlook.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the February 03, 2020 edition of Outlook.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber? Sign In
The Muslim Question
In the time of polarisation politics and othering, how to respond to the banality of hate?
Voters' Cold Wave
Heat wave, voter apathy and cyclic migration are blamed for the poor voter turnout in Bihar. Political parties are clueless about what impact will it have on election results
Occupy Ivy League
Students protesting in American universities are asking the US government to rethink its policy towards Israel
Left Side Story
Personal attacks, lower voter turnout and the BJP’s determined campaigning: how has Kerala voted this time?
Across the Pir Panjals
The newly carved-out constituency of Anantnag-Rajouri is set to witness a very close contest
Gashes in the Red Sand
Residents of the tribal district of Gadchiroli resist development models that destroy the environment
When Taps and Hope Run Dry
Peaking water scarcity and pervasive groundwater contamination have increased migration from many districts of Rajasthan.
Pilgrim's Politics
Two-time MP from Varanasi, Narendra Modi, is sculpting the eternal city in his image
Under The Model Town
Muslim ghettos in Ahmedabad are dilapidated and neglected
The Master Strategist
The Assam chief minister enjoys popularity both as an administrator and a politician despite his relentless anti-Muslim rhetoric