Underrepresentation of Marginalised Groups in Judiciary Raises Alarms; Government Reveals Stark Disparity in Parliament
In a significant revelation that has reignited the debate over social justice and inclusivity in the Indian judiciary, the Union Law Ministry, in a written reply to Parliament, has acknowledged the low representation of women, Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) among judges in the higher judiciary.
Responding to questions raised by Rajya Sabha MP John Brittas of the CPI(M), Union Minister of State for Law and Justice Arjun Ram Meghwal presented figures that highlight the deep-rooted imbalance in the composition of India’s judicial system.
According to the minister, of the 743 High Court judges appointed between 2018 and July 21, 2025, only 23 belonged to the SC category, 17 to the ST category, and 93 to the OBC category.
Even more concerning is the gender representation at the highest levels of the judiciary. As per the data provided, as of July 21, only one woman judge serves in the Supreme Court, while a total of 105 women judges are functioning across the various High Courts in the country — a disproportionately small number given the size of the judiciary and population.
John Brittas, in a sharp critique of the data, described the situation as “deeply exclusionary” and reflective of the judiciary’s continued resistance to diversification.
“Social justice remains an empty slogan,” Brittas remarked, underscoring the wide gap between constitutional ideals and the practical realities of representation.
He further pointed out that the vacancy crisis in the High Courts, which are operating at just 67% of their sanctioned strength, has compounded the problem. The shortage of judges not only leads to justice being delayed but also undermines public trust in the judiciary.
In response, Minister Meghwal explained that the process of judicial appointments is initiated by the Chief Justice of India (CJI) and the Chief Justices of High Courts, who are responsible for proposing candidates to the Supreme Court collegium.
He said that the Central Government has repeatedly urged these judicial heads to recommend candidates from underrepresented sections, including SCs, STs, OBCs, women, and minorities, to promote social diversity in judicial appointments.
However, the data suggest that these advisories have not translated into adequate representation. According to Meghwal, the Supreme Court currently has 33 judges out of the sanctioned 34, with one vacancy, while the High Courts have 751 judges working, leaving 371 positions unfilled from a total sanctioned strength of 1,122.
He further informed that 175 proposals for High Court appointments are currently under various stages of review and processing between the government and the Supreme Court collegium, while no recommendations have been received for 196 vacant positions from the respective High Court collegiums.
Brittas’s inquiry also sought data on the representation of SCs, STs, OBCs, and women in the non-judicial staff of the Supreme Court and High Courts. Meghwal replied that such data is not maintained centrally, though seven High Courts—Patna, Shillong, Uttarakhand, Madhya Pradesh, Karnataka, Odisha, and Rajasthan—had provided partial figures on staff representation.
The backdrop of this debate is the Modi government’s recent nod to conduct a caste-based census, a long-standing demand from opposition parties and social justice advocates. The census is expected to bring much-needed clarity on the demographic composition of India’s population, potentially influencing future policies around affirmative action and representation in public institutions, including the judiciary.
The issue of diversity in the judiciary has been a major electoral talking point, especially for the Congress party, which made the caste census a central element of its 2024 Lok Sabha campaign, advocating for fair representation based on population proportions.
As calls grow louder for judicial reform, transparency in appointments, and greater inclusivity, the latest figures reveal the urgent need for structural changes to ensure the judiciary mirrors the diverse social fabric of the country it is meant to serve.
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