Advocate flags lack of diversity in judicial appointments, questions transparency

Madurai, Tamil Nadu – A senior advocate has raised concerns over the lack of equal representation in the appointment of judges to the Supreme Court and High Courts, alleging that transparency in the process is not being maintained. Addressing a press conference here on Sunday, advocate S. Vanchinathan said certain communities have had no representation at all in recent judicial appointments.

Mr. Vanchinathan, who spoke about the need for inclusivity, referred to the recent appointment of judges and claimed that most of the cleared names were those backed by the BJP, the RSS, and counsels representing the Central government, its ministries, and departments. He said there were no Muslim or Christian representatives, no representation from marginalised communities, and inadequate representation of women.

“How is this social justice?” he asked, adding that such discrimination amounts to a violation of Articles 14 and 15 of the Constitution. He cited a Law Commission report that recommended representation for all communities, but said the Central government had not implemented it. He also noted that the government had assured Parliament that it was committed to enhancing social diversity in judicial appointments, but had failed to act on that assurance.

The advocate questioned why political parties and senior advocates had not raised concerns over the issue. He said the collegium system, which is responsible for judicial appointments, has failed and “turned into a biased system.” He also questioned the lack of transparency in the process, particularly given the Supreme Court’s own emphasis on transparency.

Mr. Vanchinathan also raised a procedural point, asking why newly appointed High Court judges were sworn in on a Sunday afternoon. He wondered whether an auspicious time was being considered, and urged political parties to include judicial appointments in their discussions, alongside issues like delimitation and NEET. He demanded that reservation be followed in appointments and called for an independent body to be constituted for the selection of judges.

The remarks come amid ongoing debates about judicial appointments in India, with various voices calling for greater diversity and accountability. The collegium system has faced criticism from different quarters, though proponents argue that it preserves judicial independence. The Central government has previously maintained that it respects the process while pushing for reforms, including the establishment of a National Judicial Appointments Commission, which was struck down by the Supreme Court in 2015. The Law Commission’s 2018 report on judicial appointments had recommended measures to enhance diversity, but implementation has been limited.

Mr. Vanchinathan’s statements reflect a broader concern among civil society groups and legal experts about the social composition of the judiciary. While the judiciary has seen an increase in women judges in recent years, representation of religious and caste minorities remains low, according to available data. Activists argue that a diverse judiciary is essential for delivering justice that is sensitive to the needs of all communities.

This report is based on the advocate’s press conference remarks. His allegations and demands are presented as his own, and the article does not independently verify the claims. Reactions from the Central government or judiciary to these specific allegations were not immediately available.