Lavanya Sahil Gupta
The judiciary serves as a vital branch of government, interpreting laws passed by the legislature and safeguarding the rights enshrined in the constitution. In India, the judiciary operates within a hierarchical structure, with the Supreme Court at the apex, followed by High Courts and subordinate courts. Despite its significance, concerns about the inclusivity and diversity of the Indian judiciary persist. Recently, discussions within the Supreme Court Collegium have focused on improving the diversity profile of judges in higher judiciary, marking a positive step towards addressing this issue. While quotas exist to promote representation from diverse communities, they are predominantly implemented at the subordinate court level and in limited states, leaving much room for improvement. The lack of comprehensive measures to enhance diversity within the judiciary underscores a broader challenge in ensuring equitable representation and access to justice for all in India.
Status of Representation in Indian Judiciary
Lack of equal Representation is the biggest issue India is facing today and it is seen almost in all aspects of society. Nothing changes when it comes to the Judiciary as well. Lack of representation can also be seen in our Indian Judicial System. Although it has improved there is larger room for improvement. The status of diversity in the Indian Judiciary presents a mixed picture with significant disparities across different levels and states:
Gender-based representation in the Indian judiciary remains a significant issue, with women comprising only 30% of subordinate court judges, according to the India Justice Report 2019. While states like Meghalaya and Goa have achieved gender parity at the subordinate level, nationally, only an average of 35% of subordinate court judges are women. High courts fare even worse, with only 13.1% of judges being women, as per the India Justice Report 2022. Some states, like Bihar, Tripura, and Uttarakhand, still have no women judges in their high courts, indicating a concerning lack of gender diversity. Sikkim stands out as an exception, with 33.3% of women judges in the high court and 52.4% in subordinate courts. However, despite India’s 75 years of independence, only 11 women judges have served in the Supreme Court, representing just 4% of the total.
Need for Inclusivity
Inclusivity in the judiciary plays a vital role in enhancing justice delivery by bringing together judges from diverse income, social, and gender backgrounds. This diversity fosters a range of perspectives and experiences, which in turn helps mitigate unconscious biases inherent within the judicial system. With a more inclusive judiciary, decisions are more likely to be well-rounded and fair, ensuring that justice is administered impartially and equitably to all individuals.
Moreover, inclusivity is not just a moral imperative but also a hallmark of effective institutions. When public institutions, including the judiciary, embrace inclusivity, they become better equipped to represent the diverse interests and needs of the population they serve. Such institutions are more likely to gain public trust and credibility, as individuals from all walks of life feel heard and represented, thus strengthening the overall effectiveness of the justice system.
In India, inclusivity in the judiciary is deeply rooted in constitutional commitment, which mandates equal opportunity for all citizens regardless of their background. Having judges from different religions, castes, classes, language groups, and genders not only aligns with constitutional principles of justice and equality but also demonstrates a tangible commitment to inclusivity and equal representation.
In essence, inclusivity in the judiciary and public institutions is essential for upholding the principles of justice, equality, and effectiveness. It helps mitigate bias, fosters public trust, and ensures that diverse voices are heard and represented in decision-making processes. Embracing inclusivity is not only a constitutional mandate but also a practical necessity for fostering a just and equitable society.
Collegium system in India
The Supreme Court of India operates through a collegium system, consisting of the Chief Justice of India and the four senior-most judges, which decides on appointments to the apex court. The collegium system was formalized in response to legal interpretations of the consultative process between the President and the Chief Justice of India regarding judicial appointments. Initially, there was debate over whether the President was bound to follow the Chief Justice’s advice, but subsequent judgments established the primacy of the collegium system. Despite criticism from the central government, attempts to replace the collegium system with the National Judicial Appointments Commission (NJAC) were struck down by the Supreme Court in 2015. The decision was based on upholding the independence of the judiciary from the executive and legislative branches. However, the current collegium system has faced criticism for lack of transparency, resulting in prolonged vacancies in the judiciary, contributing to a backlog of cases. The debate over judicial appointments continues, with concerns about the opacity of the collegium system and the need for reform to ensure efficiency and transparency in the judiciary.
How can the inclusivity in the Indian Judiciary be increased?
Efforts to enhance diversity and inclusivity within the judiciary can be advanced through several key strategies. Firstly, transparency in the appointment process is crucial, with the Supreme Court instituting clear criteria for appointments that encompass considerations of religion, caste, regionalism, and gender to ensure fairness and non-arbitrariness. Secondly, regular data collection and analysis on the demographic composition of the judiciary can provide valuable insights into disparities and guide targeted interventions. Thirdly, raising public awareness about the importance of diversity and advocating for inclusivity can help elevate this issue and foster broader support for change. Finally, implementing reservation policies and other reforms at higher judicial levels can address historical imbalances, ensuring greater representation for marginalized groups such as religious minorities, women, people with disabilities, transgender individuals, and those with diverse sexual orientations. These multifaceted approaches aim to create a more inclusive and representative judiciary reflective of India’s diverse society.
Conclusion
Former Chief Justice of India, Ramana, emphasizes the importance of inclusivity in the judiciary, highlighting that having more women judges is just a beginning and diversity should extend beyond gender. India’s vast social and geographical diversity should be mirrored in all levels of the judiciary to promote diverse opinions and efficiency. Chief Justice D.Y. Chandrachud laments the lack of gender diversity in Indian courts, attributing it to the state of the legal profession two decades ago. While recent efforts, such as the introduction of a Sensitisation Module for the Judiciary on the LGBTQ+ Community, aim to promote diversity, there’s still much room for improvement. Despite some progress, including the appointment of three women judges to the Supreme Court, the judiciary must address issues of elitism and exclusivity to be viewed as a trusted institution that reflects the needs of society. Reflecting on these observations is essential to achieving a diversified judicial system in India.
Follow our WhatsApp channel
