Three-Fourths Of Supreme Court & High Court Judges Appointed Since 2021 From Upper Castes : Law Ministry Tells Parliament
Nearly three-fourths of the Judges appointed to Supreme Court and High Courts between January 1, 2021 and January 30, 2026 belong to upper castes, the Union Law Ministry informed Parliament on Wednesday in a written response to a question by Rajya Sabha MP P. Wilson.According to the data shared by the Government, out of 593 judges appointed to various High Courts during the period, 157...
Nearly three-fourths of the Judges appointed to Supreme Court and High Courts between January 1, 2021 and January 30, 2026 belong to upper castes, the Union Law Ministry informed Parliament on Wednesday in a written response to a question by Rajya Sabha MP P. Wilson.
According to the data shared by the Government, out of 593 judges appointed to various High Courts during the period, 157 belonged to Scheduled Castes, Scheduled Tribes, Other Backward Classes or minority communities, while the remaining appointments were from the general or upper caste category. In percentage terms, about 73.5 percent of the judges appointed during the last five years were from upper castes.
The Ministry stated that 26 judges belonged to the Scheduled Caste category, 14 to the Scheduled Tribe category, 80 to the OBC category and 37 to minority communities. It also disclosed that 96 women were appointed as High Court judges during the same period.
The information was provided by Minister of State for Law and Justice Arjun Ram Meghwal while answering an unstarred question on February 5, 2026.
Wilson sought information on "the steps taken by Government to ensure social diversity and social representation in appointment of judges in higher judiciary and number of SC, ST, OBC, general, women and minority judges appointed in HCs and SC since 2021".
As per the reply :
As per the information provided by the recommendees, out of 593 Judges appointed from 01.01.2021 till 30.01.2026, 26 belong to SC category, 14 belong to ST category, 80 belong to OBC category and 37 belong to the minority category. 96 women were appointed as Judges in various High Courts during the same period.
Number of HC Judges appointed between 2021-2026 : 593
Judges from SC category : 26(4.38%)
Judges from ST category : 14 (2.36 %)
Judges from minority category : 37 (6.23%)
Judges from OBC category : 80(13.49 %)
Judges from upper castes : 436 (73.52%)
On the issue of social diversity in judicial appointments, the Government reiterated that the Constitution does not provide for reservation in appointments to the Supreme Court and High Courts under Articles 124, 217 and 224. As a result, category-wise data is not centrally maintained. However, the reply noted that since 2018, High Court judge recommendees are required to disclose their social background in a prescribed format prepared in consultation with the Supreme Court, and the figures shared in Parliament are based on this information.
The Government further stated that while the initiation of proposals for appointment of judges lies with the Chief Justice of India in the case of the Supreme Court and with the Chief Justices of the respective High Courts for High Court appointments, it has been requesting High Courts to give due consideration to candidates from SC, ST, OBC, minority communities and women to enhance social diversity. It emphasised that appointments are made only from among candidates recommended by the Supreme Court Collegium.
Responding to another part of the question relating to the establishment of regional benches of the Supreme Court, the Law Ministry referred to Article 130 of the Constitution, which provides that the Supreme Court shall sit in Delhi or in such other place or places as the Chief Justice of India may, with the approval of the President, appoint.
The reply recalled that the Tenth and Eleventh Law Commissions had recommended splitting the Supreme Court into a Constitutional Court at Delhi and regional courts of appeal, and that the Eighteenth Law Commission had suggested setting up a Constitutional Bench in Delhi along with four Cassation Benches in different regions of the country. However, the Government informed Parliament that the Supreme Court Full Court, in its meeting held on February 18, 2010, found no justification for setting up benches of the Supreme Court outside Delhi.
It was also pointed out that in 2016, while dealing with a writ petition on the establishment of a National Court of Appeal, the Supreme Court referred the issue to a Constitution Bench, and the matter is currently sub judice.
The Law Ministry further disclosed that 308 judicial vacancies exist across High Courts as on January 30, 2026, against a sanctioned strength of 1,122 judges. At present, only 814 judges are in position, with several High Courts, including Allahabad, Calcutta and Madras, facing significant shortages.