Judicial Diversity in High Court Appointments: A Critical Analysis

22.05.2025

1. Judicial Diversity in High Court Appointments: A Critical Analysis

Context

Recent data from the Law Ministry and judicial appointment trends reveal a persistent under-representation of marginalized communities and women in High Court appointments, raising concerns about inclusivity and systemic biases in India’s higher judiciary.

Key Developments

• An analysis of appointments made since 2018 shows that nearly 78% of judges appointed to High Courts are from upper castes.
• Only 12% were from the Other Backward Classes (OBC), 5% each from the Scheduled Castes (SC) and Scheduled Tribes (ST), and 5% from minority communities.
• A presentation to a parliamentary panel (January 2023) highlighted that between 2018–2022, out of 537 appointments, upper castes accounted for 79%, OBCs 11%, SCs 2.8%, STs 1.3%, and minorities 2.6%.
• Only 14% of current High Court judges are women as of August 2024.
• As many as 14 newly appointed judges in one cycle were family members of sitting or retired judges—all from the general category.
   

Legal and Institutional Framework

• Constitutional Provisions:
  • Article 124: Appointment of Supreme Court judges
  • Article 217: Appointment of High Court judges
  • Article 224: Appointment of additional and acting judges
     
• Appointment Process:
  • Initiated by Chief Justices of High Courts
  • Recommendations made by High Court and Supreme Court collegiums
  • Final appointments made by the President in consultation with the judiciary
     
• No Reservation Mandated:
  • The Constitution does not provide for any reservation in judicial appointments to High Courts or the Supreme Court.
     
• Government Role:
   
  • The Union Government requests Chief Justices to ensure diversity but cannot appoint judges independently.
  • Final power rests with the Collegium system.
     

Current Representation Data

Caste and Community Representation (2018–2024)

Gender Representation

• Women judges as of August 2024: 106 out of 754 (~14%)
• Progression: 11% (2021), 13% (2023), 14% (2024)
• Only 2 women Chief Justices currently in High Courts
• 8 High Courts have just one woman judge; Tripura and Meghalaya have none
• Punjab & Haryana High Court has the highest absolute number (14 women judges)
• Best proportional representation: Sikkim (33%), Telangana (29.6%), Gujarat (27.5%)
   

Challenges

1. Structural Dominance of Upper Castes
   • Collegium lacks mandatory diversity guidelines.
   • Caste data is not routinely disclosed in appointment recommendations.
2. Low Representation of Women and Minorities
   • Marginal growth in women’s representation despite increasing enrolment in law schools.
   • Minorities and ST/SC representation remain disproportionately low.
3. Nepotism and Familial Influence
   • Appointment of judges related to serving/retired judges reflects elitism in selection.
4. Lack of Transparency and Accountability
   • Collegium proceedings are confidential, with no binding diversity metrics.
   • Government’s role remains secondary and suggestive, not directive.

Recommendations and Way Forward

1. Institutionalization of Diversity Metrics
   • Diversity targets (not quotas) can be incorporated in the Memorandum of Procedure (MoP).
   • Provisions for regular caste and gender-based auditing of appointments.
2. Transparent Collegium Reforms
   • Public disclosure of demographic data in appointment recommendation.
   • Inclusion of diversity benchmarks as part of eligibility criteria.
3. Judicial Outreach and Training
   • Establish judicial mentoring schemes for SC/ST/OBC and minority law professionals.
   • Promote work shadowing and inclusion sensitization programs modeled on the UK system.
4. Broadening the Talent Pool
   • Encourage regional and state universities to become feeders for High Courts.
   • Relaxation of rigid experience norms for well-qualified first-generation lawyers from marginalized backgrounds.

Conclusion

Judicial legitimacy needs both independence and diversity. High Courts lack representation of women and marginalized groups. Though no caste quotas exist, proactive steps are key for fairness and public trust.