Law Minister Sadananda Gowda said the Constitution does not provide for any quota for appointment of Supreme Court and High Court judges. (File photo)
Members in Rajya Sabha today made a strong plea for reservation in judiciary by amending Constitution and sought an all-party meeting to discuss the issue, even as the government insisted that there was currently no such proposal in this regard.
Replying to a question on whether the ministry has received requests or suggestions favouring reservation for Other Backward Castes, Schduled Castes, Schduled Tribes, Muslims and women in the judicial services, Union Law Minister Sadananda V Gowda said the appointment of judges of Supreme Court and High Courts was made under Articles 124 and 217 of the Constitution which do not provide for any quota for any caste or class of persons.
"The government has, however, requested the Chief Justices of the High Courts that while sending proposals for appointment of judges, due consideration be given to suitabale candidates belonging to Other Backward Classes, Scheduled Castes, Scheduled Tribes, Minorities and from amongst women," the minister said.
Members of many parties including the Congress, CPI and Bahujan Samaj Party favoured reservation in the higher echelons of the judiciary and sought the convening of an all-party meet on the issue.
Replying to the questions raised, Mr Gowda said under Article 235 of the Constitution, the administrative control over members of district and subordinate judiciary in the states vested with the concerned High Court.
"Further ... the respective state government, in consultation with the High Court, frames the rules and regulations regarding the issues of appointment, promotion, reservations etc of judicial officers in the state judicial service. Central government has no direct role in this regard," he said.
The minister also recalled that recently, upon receiving representations from various sources, Member Secretary of National Commission for Backward Classes (NCBC) requested the government to consider providing 27 per cent reservations for OBCs in lower as well as Higher Judicial Services in the National Capital territory of Delhi.
"Since the matter pertains to state governments of NCT of Delhi, the request has been forwarded to them as well as to the Delhi High Court for taking necessary action," he said.
Replying to supplementaries, the minister rued that unfortunately the government's attempt to set up National Judicial Appointments Commission (NJAC) has got stuck.
"But we have seen the intention of Government. It was a unanimous decision of the Parliament," Mr Gowda said referring to the provision to have SC/ST members in the proposed body.