Union Minister Ramdas Athawale on Tuesday (August 8) raised the issue of reservation in the judiciary, asserting the need for greater representation of scheduled caste judges in high courts and the Supreme Court. Athawale emphasised the demand for judicial reservation, pointing out the minimal presence of scheduled caste judges in the higher judiciary. He called attention to the ongoing debate surrounding the functioning and composition of the Supreme Court Collegium, which plays a crucial role in appointing and transferring judges.
Athawale can be heard saying in a video posted by the news agency PTI, "There should be reservation in the judiciary, and we have been demanding this for a long time. There are only a few scheduled caste judges in the high courts and the Supreme Court."
"There are many advocates, judges, and magistrates among the Dalit community, but they are underutilised. I would like to make an appeal to the CJI that people from the scheduled caste community have the potential to excel in their careers as well," he added.
The issue gained prominence as the Supreme Court recently recommended a significant number of high court judge transfers, sparking discussions on judicial reforms and transparency in appointments.
On August 5, the Supreme Court collegium proposed the transfer of at least 24 high court judges, aiming to enhance the administration of justice across various states. Led by Chief Justice of India Dhananjaya Y Chandrachud and consisting of four senior judges, the collegium suggested transfers from multiple high courts, including Punjab & Haryana, Telangana, Gujarat, Allahabad, Bombay, Andhra Pradesh, and Patna.
The issue of appointments and transfers within the judiciary is a long-standing and complex matter in the country. The appointment and transfer of judges are carried out under the collegium system, which comprises the Chief Justice of India and the senior-most judges of the Supreme Court. The composition of the collegium evolves over time, and recommendations made by the collegium are subject to review and confirmation by the government. However, disagreements between the government and the collegium often lead to delays in appointments and transfers, which has prompted discussions about transparency, accountability, and the overall efficiency of the process.
The government has earlier asserted that the SC Collegium's lack of transparency and accountability contributes to delays in addressing vacancies and pending cases. Former Law Minister Kiren Rijuju highlighted the need for a clear and standardised framework for appointments and transfers to ensure a fair and efficient selection process.