Six High Courts Not Represented in Supreme Court Raises Concerns
- ByAdmin --
- 04 Jun 2025 --
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The composition of the Supreme Court of India, the apex judicial authority in the country, has long been a topic of intense discussion. A recent issue that has sparked debate is the lack of representation from six High Courts—Chhattisgarh, Jharkhand, Sikkim, Tripura, Manipur, and Meghalaya—in the Supreme Court. This imbalance raises questions about equitable representation and inclusivity in the judiciary.
Constitutional Framework and Representation
The Constitution of India provides the framework for the judiciary through Articles 124 to 147. Article 124 outlines the process of appointing Supreme Court judges. The President of India appoints judges in consultation with the Chief Justice of India (CJI) and other senior judges. However, the Constitution does not mandate proportional representation of High Courts in the Supreme Court, leading to concerns over regional and demographic inclusivity.
The lack of representation undermines the principles enshrined in the Preamble, particularly justice—social, economic, and political. Equitable representation is critical to ensuring that the diversity of India's population and legal traditions is reflected in the judiciary.
Key Concerns
- Regional Imbalance: The absence of judges from certain High Courts diminishes the voice of those regions in national legal discourse. For instance, smaller states like Sikkim, Manipur, and Tripura face unique legal challenges that may not find adequate representation in the absence of judges from those regions.
- Lack of Inclusivity: The principle of inclusivity, a cornerstone of democracy, is compromised. The judiciary’s credibility hinges on its ability to represent and address the diverse needs of the nation.
- Implications for Federalism: India’s federal structure necessitates balanced representation across states to foster trust and cooperation. The absence of certain High Courts’ representation could alienate smaller states, undermining the federal spirit.
- Judicial Bias and Perspective: Judges from varied regional backgrounds bring unique perspectives and insights. The absence of diverse voices could lead to judicial decisions that lack a holistic understanding of regional legal, cultural, and social dynamics.
Relevant Legal Provisions
- Article 124(2): Governs the appointment of Supreme Court judges.
- Article 217: Relates to the appointment of High Court judges, which indirectly impacts the talent pool for the Supreme Court.
- Article 39A: Mandates equal justice and free legal aid, emphasizing inclusivity.
- Fourth Schedule: Addresses the allocation of seats in the Rajya Sabha, providing an analogy for balanced representation in other institutions.
Steps Toward Addressing the Issue
- Transparent Collegium Process: The Supreme Court collegium, responsible for recommending appointments, must ensure equitable representation by considering candidates from underrepresented High Courts.
- Periodic Review: Establish mechanisms to periodically review the representation of High Courts in the Supreme Court and address disparities.
- Diversity Quotas: Consider implementing informal quotas or guidelines for regional representation to promote inclusivity.
- Awareness and Advocacy: Civil society and legal advocacy groups should raise awareness about the issue and lobby for reforms.
- Strengthening the Judiciary: Invest in training and development of judges across High Courts to ensure a robust pool of candidates for elevation to the Supreme Court.
Conclusion
The absence of representation from six High Courts in the Supreme Court is a glaring concern that underscores the need for systemic reform. A judiciary that reflects the diversity of India’s regions, cultures, and legal traditions is essential for upholding the principles of justice, equality, and federalism. Ensuring equitable representation from all High Courts will not only strengthen the judiciary’s credibility but also reinforce the trust of citizens in the justice system.
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