A plea has been lodged with the Kerala High Court, urging the equitable representation of Scheduled Castes/Scheduled Tribes and other marginalized communities in the judiciary, particularly within the High Court.
The petitioner, a retired ICAR scientist and a member of the Scheduled Caste Pulaya, highlighted that the Kerala High Court presently lacks any judge from Scheduled Castes or other marginalized communities, despite having 40 judge positions available. This absence of representation, the petitioner argued, contradicts the constitutional guarantee of equal opportunity and undermines the principle of social justice.
Emphasizing the constitutional mandates of Articles 38, 46, and 335, the petitioner contended that these principles must be adhered to in the appointment of judges to the Kerala High Court. The plea noted that a prior representation on this matter by an organization of backward classes went unanswered.
Consequently, the petitioner sought the intervention of the High Court, urging it to issue appropriate directives to the Union of India and relevant authorities to ensure adherence to social justice principles in appointing judges to the Kerala High Court from marginalized communities.
The petitioner underscored that the concept of social justice is ingrained in the Indian Constitution and should not be overlooked in appointments to the judiciary, administrative bodies, or public sector undertakings. Despite the current President of India being a woman from a scheduled tribe, the petitioner lamented the continued lack of recognition for the legitimate claims of scheduled castes and other deprived classes in Kerala's High Court and judicial institutions.
While acknowledging that reservation principles may not directly apply to high courts and constitutional positions, the petitioner argued that the Chief Justice of India has previously emphasized the need for diverse representation in Supreme Court appointments. The plea clarified that advocating for the representation of underprivileged classes in high courts does not equate to seeking reservation.
Furthermore, the petitioner referred to recent statements by the Prime Minister of India, emphasizing the importance of social justice across the country and insisting on its implementation in all spheres, including the judiciary.
