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Injustice to the SC & STs in judicial appointments


Dear friends,The AAF is closely observing the injustices to the SCs and STs
You are aware that ,in Judiciary,the collegium system was in existence for selecting Advocates for elevation as Judges for the high court and Supreme Court .
Recently ,the collegium has cleared (3) three panels from both the States and they were appointed as Judges for both the High courts.In these (3) panels,no Scheduled Caste or scheduled Tribe advocate from the bar was elevated.In all these (3) three panels less than 5 percent of the population of
forward class advocates were elevated.Kindly note that ,the
Government of India considered necessary for transparency and accountability in appointments of judges and amended ,and brought Article 124 A by 99th Constitutional amendment by constituting “National Judicial Appointments Commission” (NJAC).This amendment was struck down by the Supreme Court and the collegium system is in operation.
Mr .John Brittas ,MP .Rajya Sabha raised this issue in the parliament that “No diversity in Judiciary,collegium system distorting Judicial Independence.He further said Judiciary is dominated by upper castes of the society “.
Mr Kiren Rijiju ji ,the Hon’ble Minister for Law and Justice said in the parliament that “we have been stressing time and again, that ,while recommending names preference may be given to women ,backward class ,scheduled castes and scheduled tribes “
Inspite of the above,even after 75 years of independence the weaker sections of the society particularly the SC&STs are being deprived and discriminated in appointments of judges in higher judiciary and are not getting proportionate representation.
It’s not in dispute that the Chief Justices and their colleagues are non-elected and non-accountable.
It may be welcoming feature ,if the selection is initiated by an independent body like Judicial Commission ,which may be accountable
In US ,the appointment of judges through recommendation by the president and confirmation by the Senate on the basis of territorial representation.In Australia, the appointments are by nomination .In Canada ,the appointments to the Supreme Court are made by giving regional/territorial representations .In United Kingdom and Ireland ,by the Chancellor .May be ,its not working out satisfactorily.
The executive, is totally for all practically purposes is sidelined in our Democracy.
The Present strategy of High Level committee of AAF is that to go to people through “Jai beem Radha Yatra “for inviting valuable suggestions and trying to identify and to place on record the injustices before legislature ,executive and particularly in judiciary and to make a request to the respective Excutive authorities to follow the Democratic values as per the Indian constitution and provide proportionate effective representation to SCs&STs for Social justice and Economic Empowerment in all the three wings of the Democracy.
This is for your information
With regards
Jaya Prakash babu G
Advocate
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