A parliamentary standing committee has submitted a report on the Judges (Inquiry) Bill and recommended the immediate introduction of quotas for SCs, STs and OBCs in judiciary in India. This is being said that the reservation policy may be extended to appointment of judges to high courts and the Supreme Court now.
In its report, committee headed by Congress MP Sudarshan Nachiappan blamed the judiciary for keeping out the eligible persons of backward communities through the insightful process of manipulation. The report even tried to validate its words on judiciary by quoting a judgment given by the Supreme Court in 1993.
The apex court judgment said:
Even today, there are complaints that generations of men from the same family or caste, community or religion, are being sponsored and initiated and appointed as judges, thereby creating a new theory of judicial relationship.
The committee said later that the nexus and calculating judicial appointment have to be ended and introducing the reservation policy in judiciary is the sole answer to the problem.
According to the report, the Constitution Review Commission had disclosed in 2002 that out of 610 High court judges there were hardly 20 judges from the SCs and STs sections. At the same time, the similar thing the committee found in the upper level of judiciary in the country.
The committee report said further that the executive and legislature are well within the ambit of reservations and it recommended not excluding the superior judiciary. It also said that even the subordinate judiciary has been subject to quotas.
The report said:
Judiciary has to reflect the aspirations of the people. Only when candidates drawn from different sections of society are appointed as judges, they would understand the social flavour of the legislation passed by Parliament and state legislatures.
The committee report may have the right logic behind but the timing was not correct because currently for the first time in India the Supreme Court Chief Justice happens to be a Dalit.