Context:
A Private Member Bill has been introduced in Parliament proposing constitutional amendments to improve diversity in judicial appointments and establish regional benches of the Supreme Court, aiming to enhance representation and access to justice.
Key Highlights:
- Proposal for Greater Judicial Diversity
- The Bill seeks mandatory representation for marginalized communities in judicial appointments.
- Groups proposed to be represented include:
- Scheduled Castes (SCs)
- Scheduled Tribes (STs)
- Other Backward Classes (OBCs)
- Religious minorities
- Women
- The objective is to reflect India’s social diversity in the higher judiciary.
- Regional Benches of the Supreme Court
- Proposal to establish regional benches in:
- New Delhi
- Mumbai
- Kolkata
- Chennai
- These benches would handle all cases except those involving constitutional interpretation, which would remain with the principal bench in Delhi.
- Time-bound Appointment Process
- The Bill proposes that the Central government must notify collegium recommendations within 90 days.
- Intended to reduce delays in judicial appointments.
- Concerns about Representation
- Data shows that only about 20% of higher judiciary appointments (2018–2024) were from SC, ST, and OBC communities.
- Women and minority representation remains limited.
- Judicial Pendency
- As of January 2026, more than 90,000 cases are pending in the Supreme Court, highlighting the need for structural reforms.
Relevant Prelims Points:
- Private Member Bill
- A Bill introduced by a Member of Parliament who is not a minister.
- Rarely passed but often used to raise policy debates.
- Collegium System
- System of judicial appointments where senior Supreme Court judges recommend appointments and transfers.
- Originated from the Second Judges Case (1993) and later expanded in the Third Judges Case (1998).
- National Judicial Appointments Commission (NJAC)
- Introduced through the 99th Constitutional Amendment Act, 2014.
- Struck down by the Supreme Court in 2015 for violating judicial independence.
- Article 124
- Deals with establishment and composition of the Supreme Court.
- Article 217
- Deals with appointment and conditions of High Court judges.
Relevant Mains Points:
- Importance of Diversity in the Judiciary
- Promotes representative justice and inclusivity.
- Enhances public trust in the judiciary.
- Ensures that multiple social perspectives inform judicial decisions.
- Helps address structural inequalities in access to justice.
- Challenges in Judicial Appointments
- Opaque collegium process criticized for lack of transparency.
- Allegations of nepotism and limited diversity.
- Frequent delays in appointment approvals by the executive.
- Debate Between Independence and Accountability
- Judiciary emphasizes independence from executive influence.
- Critics argue for greater transparency and broader consultation in appointments.
- Significance of Regional Supreme Court Benches
- Improves access to justice for citizens outside Delhi.
- Reduces litigation costs and logistical burdens.
- Helps address growing case backlog.
- Way Forward
- Introduce transparent appointment criteria and consultation processes.
- Consider reviving a reformed NJAC with balanced representation.
- Strengthen institutional cooperation between judiciary and executive.
- Establish regional benches to improve accessibility.
- Encourage diversity-sensitive judicial appointment policies.
UPSC Relevance:
- GS Paper II: Judiciary, Constitutional Reforms, Access to Justice.
- Prelims: Collegium system, NJAC, Private Member Bill.
- Essay / Ethics: Judicial independence and inclusive institutions.