Arteev Sharma
Jammu: The Union Ministry of Law and Justice on Thursday informed Parliament that nearly 21 per cent of judges serving in district and subordinate courts in Jammu and Kashmir belong to Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC), thereby reflecting a measure of “social representation” to these castes in the lower judiciary of the Union Territory.
Union Minister of State (Independent Charge), Ministry of Law and Justice Arjun Ram Meghwal while responding to a query of a Rajya Sabha member Professor Manoj Kumar Jha, shared that among civil judges (junior division) in Jammu and Kashmir, 13 belong to the SC category, 11 to ST and three to OBC communities. In the cadre of civil judges (senior division), six are from SC, seven from ST and one from the OBC category.
“At the level of district judges, the figures stand at nine from the SC community, five from ST and two from OBC backgrounds. Overall, a total of 57 judges from SC, ST and OBC categories are currently serving in district and subordinate courts in Jammu and Kashmir against a total working strength of 270 judges, taking their share to 21.11 per cent,” he revealed.
In contrast, Ladakh shows a much higher proportion of representation from these categories. The minister said that eight judges in Ladakh belong to ST and OBC communities out of a total working strength of nine judges in district and subordinate courts, taking their share to 88.89 percent.
The government also disclosed that there are 11 vacancies in the High Court of Jammu and Kashmir and Ladakh against a sanctioned strength of 25 judges, highlighting a shortfall in the higher judiciary.
Explaining the procedure for judicial appointments, the minister, however, said that under the Memorandum of Procedure (MoP), the responsibility for initiating proposals for appointment of judges to the Supreme Court lies with the Chief Justice of India, while proposals for appointments to High Courts are initiated by the Chief Justice of the concerned High Court.
At the same time, the Centre reiterated its commitment to improving social diversity in the judiciary. “The Government has been requesting the Chief Justices of High Courts that while sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in the appointment of Judges in High Courts,” he said, adding that only those persons recommended by the Supreme Court Collegium are appointed as judges of the Supreme Court and High Courts.
With regard to the district and subordinate judiciary, he said that the Constitution empowers State Governments, in consultation with the respective High Courts, to frame rules governing the recruitment and appointment of judicial officers. “Issues relating to fixation of strength, selection and appointment of judicial officers in subordinate and district courts fall within the domain of the High Courts and State Governments concerned, ” he added.
