GS 2: PolityGS 2: Social JusticePrelims

The need for diversity in the judiciary, Pg10

Private member Bill seeks judicial diversity via constitutional amendment, mandating representation for marginalized groups and regional Supreme Court benches.

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Key Highlights:

  • A private member Bill has been introduced to amend the Constitution to bring diversity in judicial appointments.
  • The Bill seeks to ensure representation for SCs, STs, OBCs, religious minorities, and women in the Supreme Court and High Courts.
  • It also proposes setting up regional benches of the Supreme Court in New Delhi, Kolkata, Mumbai, and Chennai.
  • The Bill sets a 90-day timeline for the Central government to notify collegium recommendations.
  • As of January 2026, over 90,000 cases are pending in the Supreme Court.

Detailed Insights:

  • The collegium system, established in 1993, aims to maintain the judiciary's independence but faces criticism for lack of transparency and alleged nepotism.
  • The 99th Constitutional Amendment in 2014 introduced the National Judicial Appointments Commission (NJAC), but it was struck down in 2015 for violating the judiciary's independence.
  • Between 2018 and 2024, only about 20% of higher judiciary appointments were from SC, ST, and OBC categories, with women and religious minorities underrepresented.
  • The proposed regional benches would have full jurisdiction except for cases of constitutional importance, which would be heard by the main bench in Delhi.
  • Reviving the NJAC with broader representation from the legislature, bar council, and academia could ensure more inclusive consultations.
  • Establishing regional benches under existing constitutional provisions, as suggested by past committees, could improve access to the Supreme Court.

Key Concepts Involved:

  • Collegium System: A system where judges are appointed by judges, ensuring the independence of the judiciary.
  • Private Member Bill: A bill introduced in Parliament by a member who is not a minister.
  • Judicial Independence: The principle that the judiciary should be free from influence from the executive and legislative branches.
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