NEW DELHI: Members from Congress, BSP and NCP in Rajya Sabha on Friday made a strong pitch for reservation in higher judiciary by amending Constitution and sought an all-party on the issue, even as Government insisted it was not considering any proposal to amend the Constitution for such a quota.
At the same time, Law Minister Sadananda V Gowda said that reservation does exist in lower judiciary in at least 19 states.
Replying to a question on whether the ministry has received requests or suggestions favouring reservation for OBCs, SCs, STs, Muslim and women in the judicial services, Gowda said the appointment of judges of Supreme Court and High Courts is made under Articles 124 and 217 of the Constitution which do not provide for any quota for any caste or class of persons.
“The government has, however, requested the Chief Justices of High Courts that while sending proposals for appointment of judges, due consideration be given to suitabale candidates belonging to Other Backward Classes, Scheduled Castes, Scheduled Tribes, Minorities and from amongst women,” the minister said.
He also informed the House that his predecessor Ravi Shankar Prasad had written a few letters to all Chief Justices of the High Courts to consider reservation for SCs, STs and other sections.
He said as far as the higher judiciary and higher judicial services are concerned, there were certain differences.
“The appointments of the judicial officers in the states is completely under the domain of the High Courts…there are about 19 states, where there are reservations in the appointment of judicial officers in the lower judiciary. “But as far as High Courts and Supreme Courts are concerned, these are constitutional posts and are governed by constitutional authorities. There is no such reservation there,” he said. The minister sought to make it clear,”there is no proposal before the government as far as constitutional amendment is concerned” to provide quota in higher judiciary.
Congress member K V P Ramchandra Rao sought to know whether the demand for reservation in judiciary would be considered favourably and if not, then why. PTI