CHENNAI: Designated senior advocate and DMK’s Rajya Sabha Member P Wilson has moved a private member’s Bill in the Parliament to introduce radical reforms in judicial appointments. The Bill seeks due representation for OBCs, SCs and STs proportionate to their population as well as adequate number of women candidates while appointing judges to the high courts and the Supreme Court.
The Bill wants the views of the respective state govts be taken into account while appointing judges to HCs and elevating chief justices to the Supreme Court. The Bill said these objectives could be achieved by making appropriate amendments to Articles 124, 217, and 224 of the Constitution.
Apart from this, the Bill also seeks to give a constitutional flavour to the collegium system and sets a time limit on the Union govt to notify collegium recommendations. “Since judges effectively decide the validity of laws made by the legislature and policies made by the executive, it is imperative that the bench reflects the social diversity of the state and the country. It cannot be the preserve of a homogeneous social class,” Wilson said in a statement posted on his X account.
The higher judiciary (Supreme Court and High Courts) remains the only institution where reservations were denied for the last 75 years after the Constitution came into force. The bench of superior courts must certainly reflect the diversity of the nation, Wilson added.
According to the statement of objects of the Bill, India is a diverse nation with a rich tapestry of cultures, communities, genders, and religions. “The Preamble of our Constitution envisions securing social justice for all. However, the current composition of the higher judiciary does not adequately reflect this diversity.”
The current trend in judicial appointments shows a dismal representation of socially marginalised groups, and there is significant over-representation of certain sections. There is a diversity deficit in the appointment of judges to the Supreme Court and HCs, leading to a situation of inequality, it added.