“Impartial Judiciary Is Essential To Deliver Good Governance Composition Of Judiciary Must Represent All Sections Of The Society Observes P.Wilson Senior Advocate And RS MP
(Judicial Quest News Network)
While responding to a letter written by Senior Advocate P.Wislon and Rajya Sabha MP the Union Minster for Law and Justice Mr. Ravi Shanker has stated that there is no reservations under Constitution, but Central Government committed to social diversity in the Appointing the High Court as well as Supreme Court Judges.
Prasad underscored that efforts ae being made to ensure that suitable candidates belonging to the scheduled castes, scheduled tribes, other backward classes, minorities and women are represented in the higher judiciary.
Mr. P.Wilson had appealed in last September for more diverse appointments to the higher judiciary, he (Mr. Wilson) had made several representations in this regard to the Law Minister as well as the President of India.
Earlier in October last year in an another reply the Law Minister had stated that the Central Government has been urging the interests of diverse representation to be considered when it comes to High Court Appointments.
Mr. Wison had stated in his letter that we have been witnessing declining representation from all the sections of the society in the Apex Court.
It is submitted in the letter that judicial diversity is fundamental to the quality of the judging. Many social groups are poorly represented in the judiciary. This may mean their rights are not being properly safeguarded, and may eventually lead to the infringement and violation of such rights.
On issues involving diverse, cultural and generational matters because they would require more perspectives, as the judges would interpret and enforce law on their own background.
A more diverse judiciary is required is desirable because without one, the chances are greatly increasing for violation of the rights on theses under represented and could indirectly imply discrimination.
Supporting and protecting the diversity is extremely important asserted Mr. Wilson in his letter.
Foster a Climate where equity and mutual respect are intrinsic
Mr. Wilson urged the concerned authorities to create a climate where equity and mutual respect are intrinsic, we create a fair society, which is needed for the country to run smoothly.
The crises of lack of diversity in the Union Judiciary has caused a lot of fear and agony in the minds of the people of this country, who feel that they have not been adequately represented in the Highest Judiciary. Public faith and confidence are the well that legitimacy of the Judiciary draws from. To maintain this this public faith amongst litigants, we must maintain diversity says Mr. Wilson.
Diversity on the Benches enhances judicial impartiality as well as increase public confidence in the administration of justice. Further Diversity is needed in the judiciary to address to growing diversity in society itself as our Indian society consists of a mix of people hailing from different religions, communities, castes, languages and culture.
Without diversity bias will creep into judgments a more diverse judiciary would therefore self-correct unconscious or conscious bias.
Mr. Wilson contended that if there is no diversity within a judiciary the chances of gaining either judicial independence or judicial accountability are farfetched, almost impossible
Replying to this letter of Mr. Wilson the Union Minister of Law and Justice Mr. Ravi Shanker Prasad said that the appointment of Judges of the Supreme Court and High Courts is made under Article 124,217, &224 of the Constitutional India respectively which do not provide for reservation for any caste or class of persons. Hence no caste/class/category wise data is maintained centrally.
It is stated in the letter that the Government I committed to social diversity in the appointment of judges in the Supreme Court and has also been requesting the Chief Justice of the High Courts that while sending proposals for appointment of judges, due consideration be given to suitable candidates belonging to Schedule Castes, Scheduled Tribes, other backward classes, Minorities and Women to ensure social diversity in appointment of Judges in Hing Courts.
