DMK MP P Wilson's Private Bill Proposes Reservation For SC/ST/OBC Community In Judicial Appointments

Dravida Munnetra Kazhagam MP and Senior Advocate P. Wilson on Friday moved a private bill, proposing a fixed timeline and larger transparency in judicial appointments. The bill also seeks to ensure reservation for members belonging to the Scheduled Caste, Scheduled Tribe, and Other Backward Communities. The bill, in its Statement of objects and reasons, states that a representative judiciary would boost public confidence where the public would feel that their realities and concerns are understood and addressed. It further states that inclusivity is essential for the public to perceive that the system is impartial and accessible. It further stated that the lack of judges from historically oppressed and minority communities indicates a systematic barrier that needed to be addressed and a judiciary that failed to reflect the social composition of the nation posed a constitutional challenge, undermining public confidence. “Increasing diversity ensures that the judiciary protects the rights of all citizens and reflects the nation's pluralistic society. A constitutional mandate in this regard would ensure that the superior courts are never underrepresented. It is of utmost importance that equitable representation and fair play in the higher judiciary are secured through constitutional channels,” the bill said. Pointing that the current system of judicial appointments through the collegium system is a closed-door phenomenon, the bill states that an established memorandum of procedure by the Government in consultation with the Chief Justice would ensure that there is no deviation in conventions and would ensure that the appointments are fair and transparent. It was also stated that to enhance transparency, the opinion of the respective state governments while recommending names to the Government could also be considered. it was pointed out that at present, there was no mechanism in place to consider the opinion of the State Government and Union Government and thus bringing in a memorandum of procedure would ensure a timely action so that the appointment procedure is not delayed beyond a fixed time period. The bill further stated that since the judges of the Supreme Court and High Court have the power of judicial review to test the policies of the State Governments, it was a sequitur that the views and opinions of the concerned State Governments be heard before making the appointment. The bill thus proposes amendments to Articles 124, 217, and 224 of the Constitution to bring in provisions for ensuring social diversity and for framing a Memorandum of Procedure by setting out timelines.

DMK MP P Wilson's Private Bill Proposes Reservation For SC/ST/OBC Community In Judicial Appointments

Upasana Sajeev

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