Include SC, ST, and OBC judges in Supreme Court, High Court collegiums to ensure social diversity: advocate forum
The lawyers' forum led by K. Balu, also the co-chairman of Bar Council of Tamil Nadu and Puducherry, said representation of OBCs and SC/STs within the collegium was essential for three reasons: corrective justice, perspective in deliberations, and constitutional legitimacy. It said, their representation would serve as an institutional correction to decades of structural exclusion of certain communities.
Secondly, judges from socially disadvantaged backgrounds would enrich the process of collegium deliberations by bringing in depth of experience. Thirdly, it would help in fulfilling the constitutional goal of ensuring social justice. The forum also stated that the process of ensuring social diversity within the collegium could be done through internal reform, without requiring any legislative intervention.
'At least one judge from OBC and SC/ST could be included in the collegium discussions, either formally or through consultative inclusion with regard to considering social diversity... The judiciary, which demands transparency and equity from all others, must also be the first to exemplify it... The collegium, which decides who enters and rises within the judiciary, must not remain a closed chamber of privilege,' the forum said.
At present, the names of lawyers and district judges for elevation as judges of the High Courts emanates from the respective High Court collegiums, comprising the Chief Justice and the next two senior judges. The three-member High Court collegiums were expected to recommend names of lawyers on the basis of consultations with eminent members of the Bar and other judges of the High Court.
In so far as recommendation of names of district judges for elevation to the High Court was concerned, the High Court collegiums were required to shortlist names primarily on the basis of merit and integrity while maintaining their inter se seniority in service. The collegiums also take into consideration the district judges' Annual Confidential Reports, disciplinary proceedings, case disposal record, and so on.
An advance copy of the recommended names gets forwarded to the Supreme Court collegium comprising the Chief Justice of India and four senior judges of the top court. The five-member Supreme Court collegium, in turn, seeks the views of colleagues who were conversant with the affairs to the High Court concerned and also makes independent inquiries before submitting its recommendation to the Centre.
For quite sometime, there had been calls from various quarters for ensuring social justice while recommending names for elevation to the higher judiciary. Now, the demand has been taken a step further by seeking social diversity even within the collegium system.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
&w=3840&q=100)
First Post
7 minutes ago
- First Post
Watch: PM Modi embarks on 4-day visit to UK, Maldives; trade, defence ties in focus
PM Modi's trips aim to boost trade and defence ties, with a major highlight being the anticipated signing of a landmark India-UK free trade agreement read more Indian Prime Minister Narendra Modi on Wednesday (July 23) departed for a two-nation visit to the United Kingdom and the Maldives. In the first leg of the visit, the PM will visit the UK from July 23 to 24. From there, he will fly to the Maldives before concluding his four-day trip. #WATCH | Delhi: Prime Minister Narendra Modi departs for a two-nation visit to the United Kingdom and Maldives. PM Modi will pay an official visit to the United Kingdom from 23 – 24 July. In the second leg of his visit, PM will undertake a State Visit to Maldives from July… — ANI (@ANI) July 23, 2025 STORY CONTINUES BELOW THIS AD PM Modi's trips aim to boost trade and defence ties, with a major highlight being the anticipated signing of a landmark India-UK free trade agreement during his London visit. The foreign tour comes amidst the ongoing Monsoon Session of Parliament, which started on July 21. In the Maldives, the PM will be the guest of honour at the nation's Independence Day celebrations. In the UK, he's scheduled for in-depth discussions with Starmer and a meeting with King Charles III on July 23-24. This marks PM Modi's fourth UK visit since taking office. On Thursday (July 24), Starmer will host Modi at Chequers, the British prime minister's countryside retreat, about 50 km northwest of London. According to sources cited by news agency PTI, Commerce Minister Piyush Goyal and his UK counterpart Jonathan Reynolds are expected to finalise the free trade agreement in the presence of both leaders. (More to follow)
The Hindu
7 minutes ago
- The Hindu
Supreme Court asks YouTube channel to first approach High Court in ‘Dharmasthala burials' case
The Supreme Court on Wednesday (July 23, 2025) declined to hear a challenge to an 'ex-parte' and 'sweeping gag order' passed by a Bengaluru civil court restraining media outlets from publishing any defamatory material against Harshendra Kumar D., brother of Dharmasthala pattadhikari D. Veerendra Heggade, in connection with the alleged burials in the temple town. Chief Justice of India B.R. Gavai, when the petition was mentioned orally for an early listing, advised advocate A. Velan, appearing for the YouTube channel, Third Eye, to first approach the Karnataka High Court. Also Read | Dharmasthala burials: Ashok says temple should not be tarnished while targeting individuals The petition had sought an interim stay of the civil court order of July 18, which had also directed the media to take down any content already published in connection with the issue. It argued that the civil court 'effectively imposed a sweeping gag order and mandatory content deletion on hundreds of media entities nationwide'. 'This order, secured through a calculated abuse of judicial process and material misrepresentation by the plaintiffs, directly obstructs a high-level State criminal investigation into allegations of mass burials and serious crimes linked to the influential Dharmasthala temple. It is a frontal assault on the freedom of speech and the Press (Article 19(1)(a)) and the foundational principles of natural justice and due process (Article 21),' the petition said. The Karnataka government has already constituted a Special Investigation Team to enquire into the allegations.
Indian Express
7 minutes ago
- Indian Express
Bengaluru's Century Club is ‘public authority', will have to provide information under RTI Act: Karnataka High Court
The Karnataka High Court has held that Century Club, located on 7.5 acres of land provided by the then Maharaja of Mysore near Cubbon Park in Bengaluru, is a public authority and hence comes under the purview of the Right To Information (RTI) Act. The order was passed on July 8 by a Bench consisting of Justice Suraj Govindaraj, dismissing a petition by the Club. The Century Club moved the High Court challenging a Karnataka Information Commission ruling in 2018 that ordered the club to provide a lawyer a certified copy of certain records in 2012 under the RTI Act. The club had earlier denied the lawyer, S Umapathy, the records, stating that it was not a 'public authority' as defined under the RTI Act. The club's counsel argued before the High Court that merely because the initial 7.5 acres of land for the club was provided by the Maharaja in 1913, it would not amount to 'substantial financing' by the state government. He argued that, as per Supreme Court precedent, for it to be a case of substantial funding, the body ought to be primarily run by it. On the other hand, the land was granted by the Maharaja as the club's patron, while the club was run by member dues, the counsel said. The Bench observed that it was the state's land and not personal property that was granted. 'There is no payment which has been made by the petitioner-club to the Maharaja of Mysore or the Kingdom of Mysore. The grant made in the name of the Maharaja of Mysore would also indicate that it is not the personal property of the Maharaja of Mysore,' the Bench stated. Umapathy argued that 'substantial funding' existed as the club could not exist without the land. He added that as the Maharaja was the head of a princely state, the same would count as a grant made by the government. He also raised the fact that the land in the centre of the city was of considerable value. Upholding the Karnataka Information Commission's initial finding, the Bench stated, 'if the valuation of the land of 7.5 acres as on today is taken into consideration, the same would run into hundreds of crores if not thousands, the contribution made by the members of the petitioners-club, as membership fees or any other head of account pales into insignificance. In that view of the matter, it is clearly and categorically established that there is a substantial contribution made by the State through the Maharaja of Mysore, who granted 7.5 acres of land to the petitioner-club in 1913, thereby making the provisions of the RTI Act applicable.'
