Centre seeks more social diversity in judges’ appointment

Context

Law Minister on Friday informed the Lok Sabha that of the 604 judges appointed since 2018 to various High Courts, 454 belong to the general category.

The Minister also informed the member that judges of the Supreme Court and High Courts are appointed under Articles 124, 217 and 224 of the Constitution that do not provide for reservation for any caste or class.

The government has been requesting the Chief Justices of High Courts to ensure social diversity by considering suitable candidates from Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), minorities, and women.

Articles 124, 217, and 224

Articles 124, 217, and 224 are provisions in the Indian Constitution that pertain to the appointment and qualifications of judges in the Supreme Court of India and High Courts.

Article 124: This article deals with the establishment and composition of the Supreme Court of India, which is the highest court in the country.

Article 124(1): It states that there shall be a Supreme Court of India, consisting of a Chief Justice of India (CJI) and such number of other judges as determined by law.

Article 124(2): The President of India appoints the Chief Justice of India. In this appointment, the President is required to consult with such of the judges of the Supreme Court and the High Courts as he deems necessary. The CJI is the highest-ranking judicial authority in the country.

Article 124(3): The other judges of the Supreme Court are also appointed by the President. In this case, the President must consult with the CJI and other senior judges of the Supreme Court.

Article 217: This article deals with the appointment of judges in High Courts, which are the highest courts in the states and union territories.

Article 217(1): It states that every High Court shall consist of a Chief Justice and such other judges as determined by law.

Article 217(2): The appointment of a Chief Justice of a High Court is made by the President of India after consulting with the CJI and the Governor of the concerned state.

Article 217(3): The appointment of other judges of a High Court is made by the President after consulting with the CJI, the Chief Justice of the concerned High Court, and the Governor of the concerned state.

Article 224: This article deals with the appointment of additional judges in High Courts.

Article 224(1): If there is a need to appoint additional judges to a High Court to handle a temporary increase in the volume of cases or for any other reason, the Chief Justice of the High Court may request the President to appoint additional judges.

Article 224(2): The President, after consulting with the CJI and the Governor of the concerned state, may appoint additional judges as requested.

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