Advocates' Forum for Social Justice demands OBC, SC/ST representation in SC and HC collegiums

CHENNAI: Advocates’ Forum for Social Justice urged the Chief Justice of India (CJI) B R Gavai to ensure inclusion of at least one judge from OBC and SC/ST communities in the collegium system of the apex court and the HCs.

“Though the judiciary is institutionally independent, it is structurally exclusive and limited to a narrow socio-economic elite,” said forum president advocate K Blau.

“Despite being one of the world's most socially diverse societies, India's collegium system in SC and HCs continue to operate without representational accountability,” he said.

“One of the most glaring omissions in the functioning of the collegium is the persistent lack of representation of socially and educationally backward classes, including those from SCs, STs, and OBCs,” he said.

Despite forming the majority of India's population, these communities remain largely absent from decision-making forums within the judiciary, he pointed out.

This exclusion is not just symbolic; it has material consequences. When appointments are deliberated upon by a group that lacks social diversity, the lived experiences of marginalised communities are often under-considered.

The collegium, which decides who enters and rises within the judiciary, must not remain a closed chamber of privilege, he asserted.

Representation of SC/ST and OBC classes within the collegium is essential for three reasons – corrective justice, perspective in deliberation, constitutional legitimacy, according to him.

Noting that the request is not a call for legislative intervention but a plea for internal reform, the forum said, “One (reform) that can be initiated through the CJI’s moral leadership and the administrative authority of high judicial office.”

The forum urged the CJI to formulate a resolution or internal protocol that diversity, including caste, gender, region and religion, be factored into collegium deliberations and considerations.

It urged him to ensure that at least one judge from OBC and SC/ST are to be included in collegium discussions, whether formally or through consultative inclusion about considering social diversity.

It also urged him to create an advisory body or rotation mechanism to draw input from a wider pool of judges when decisions impact communities underrepresented in the collegium.

“And commit to publicly publishing diversity data in judicial appointments, thereby enhancing accountability and transparency,” the forum said.