The Central government has requested Chief Justices of the High Courts that due consideration be given to suitable candidates belonging to the Other Backward Classes, Scheduled Castes, Scheduled Tribes, minorities and women while sending proposals for appointment of judges.
In reply to a question in the Lok Sabha, Union Law Minister Ravi Shankar Prasad on Thursday also said that based on representations from various sources, the National Commission for Backward Classes Member-Secretary had recently requested the government to consider providing 27 per cent reservation for OBCs in the lower as well as higher judicial services in Delhi.
The request has been forwarded to the Delhi government and the Delhi High Court for necessary action, said Mr. Prasad.
The Union Minister said though suggestions from various quarters have been received for making reservation in the higher judiciary and amending the Constitution for the purpose, currently there is no proposal under consideration to bring in such an amendment.
The appointment of judges of the Supreme Court and High Courts is made under Articles 124 and 217 of the Constitution, respectively.
“These Articles do not provide for reservation for any caste or class of persons. Therefore, no caste or class-wise data of judges is maintained,” said Mr. Prasad, adding that the government has, however, requested Chief Justices of the High Courts to give due consideration to suitable candidates from the Other Backward Classes, Scheduled Castes, Scheduled Tribes, minorities and women.
Under Article 235 of the Constitution, the administrative control over the members of district and subordinate judiciary in the States vests with the High Court concerned.
The State Government, in consultation with the High Court, frames the rules and regulations on matters of appointment, promotion and reservation of judicial officers in the State Judicial Service. The Central government has no direct role in this regard, he said.
