August,5,2016:

No to amendment of Articles 124 and 217 of the Constitution qua appointment of judges of the Supreme Court and High Courts.

Sh. Ravi Shankar Prasad, Union Law Minister has stated that some suggestions have been received by the Govt. from different sections for arranging for reservation in the higher judiciary of the country and also amending the Constitution for the purpose.

He shared that currently there is no proposal under consideration to bring in such an amendment in Constitution.

However Central government has made a request Chief Justices of different High Courts that due consideration may be given to suitable candidates belonging to the Women, Minorities, Other Backward Classes, Scheduled Castes and Scheduled Tribes for appointment of judges while sending proposals.

Union Law Minister was replying to a question in the Lok Sabha today when he said that the National Commission for Backward Classes Member-Secretary had written to the Government to consider 27 per cent reservation for OBCs in the lower as well as higher judicial services in Delhi.

As per Mr. Prasad the request was forwarded to the Delhi Government and the Delhi High Court for necessary action.

Articles 124 and 217 of the Constitution pertain to appointment of judges of the Supreme Court and High Courts, respectively.

Under these Articles the Constitution, as of now, do not provide for any reservation for any caste or class of persons.

For this reason alone no caste or class-wise data of Superior judges is maintained with the Govt. Min. said.

However it is under Article 235 of the Constitution that the administrative control over the members of district and subordinate judiciary in the States vests with the High Court concerned.

But the Central Government has no direct role in this regard, he said.

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