Centre considers quota in lower judiciary for Dalits, tribals, OBCs
BJP AT THE CENTRE IS BATTLING ALLEGATIONS OF BEING ANTI-DALIT, A CHARGE MAGNIFIED BY RECENT INCIDENTS OF ATROCITIES ON THE GROUP
NEW DELHI: The Centre is preparing to introduce reservation for Dalits, tribals and other backward classes (OBCs) in the appointment of district judges, a move that didn’t find favour with the higher judiciary in the past.
Introduction of quota system in a section of the lower judiciary is part of the NDA government’s move to constitute an All-India Judicial Service (AIJS) to appoint district judges, a prerogative of the high courts at present.
The move could have political implications as it comes ahead of assembly elections in five states, including Uttar Pradesh and Punjab where Dalits and other so-called backward castes form a sizeable chunk of the electorate. The ruling BJP at the Centre is also battling allegations of being anti-Dalit, a charge magnified by recent incidents of atrocities on the lower caste group.
“We are working out the details (of reservation),” a senior government functionary said. After the Union Cabinet clears the proposal, the Union Public Service Commission (UPSC) will be entrusted with the AIJS examinations, said sources.
There is no reservation for any social groups in the high courts and the Supreme Court, although the collegiums try to give representation to various regions and communities in the appointment of judges.
InNovember2014,thePatnahigh court had struck down a Bihar government notification that sought to provide reservation for SCs/STs and OBCs in lower court judges. In December,theSupremeCourtrejected a plea by a district-level judge fromUttarakhand,whodemandeda directiontothehighcourttoreserve seats for SC/ST judges.
Government officials involved in drafting the proposal made light of the earlier court pronouncements. “We will go ahead with it. They (higher judiciary) are free to reject it. We had provided for reservation in the NJAC also,” said a senior law ministry functionary.
The NJAC law, quashed by the SC, provided for a six-member commission for appointments in the higher judiciary; one of the members had to be from SC/ST/OBC or minority community or a woman.
During discussions on judicial appointments in Parliament last May, many parties including the CongressandtheBSPhaddemanded reservation in higher judiciary.
“Appointments in the subordinate judiciary fall within the purview of the high courts. You have to first see whether the government can constitute this judicial service,” said Manish Tewari, Congress spokesman and a Supreme Court lawyer.
Senior advocate Rajiv Dhavan, however, said the government was treading on “dangerous grounds” by contemplating reservation in judiciary.
“In my view, a constitutional amendment would be required so that there is no further confusion... Electoral politics can’t be taken to such extreme limits so as to undermine the independence of the judiciary,” Dhavan said.