New Delhi:

Higher courts in India, especially the Supreme Court, have sent a clear message that we are here to safeguard personal liberties, and that’s why the judiciary has the faith of the people, former Chief Justice of India DY Chandrachud has said.

The former Chief Justice faced tough questions from veteran journalist Stephen Sackur on BBC’s HARDtalk. The questions ranged from the gender ratio in the judiciary to key judgments such as the Ram Janmabhoomi case and the Article 370 case.

In an interview with BBC India, Chandrachud said, “If you look at the lowest levels of recruitment to the Indian judiciary, the district judiciary, which is the base of the pyramid, over 50 percent of the recruits coming into our states are women. There are states where the recruitment of women goes up to 60 or 70 percent.”

So far as the higher judiciary is concerned, it is reflective of the status of the legal profession about 20 years ago, he said.

What’s happening now is that as the reach of education, particularly legal education, has reached women, that gender balance which you find in law schools is now reflected in the lowest levels of the Indian judiciary. In so far as gender balance is concerned, you find an increasing number of women coming into district judiciary, and these are the women who will be climbing up, he stated during the interaction.

The question of representation and inclusion in the Indian legal system has been under consideration in recent times. Critics have argued that the Indian judicial system, especially its high levels, is mainly designed by an elite, Hindu male population, which increases concerns about fair diversity and access. In a recent statement, however, former Chief Minister of India, Ranjan Gogoi, responded to these allegations about the judiciasystem’sem composition and its growing role in modern Indian society.

Justice Gogoi, in a clear interview, emphasizes the commitment of the judicial system to impartiality and justice. He accepted the concerns raised by various groups over the lack of diversity in the judiciary but stressed that the judicial appointment process was linked to merit and that the system would grow more comprehensively.

He highlighted that the independence and impartiality of the judiciary should be a major priority and that the judiciary should focus on expertise, experience, and legal acumen.

Justice Gogoi Response: Call for version

In his reply to the concerns around the top, Hindu, and male judicial dominance, Justice Gogoi admitted that the composition of the judiciary was designed by historical and social factors, similar to many other organizations. However, he believes that the process of judicial recruitment has gradually developed, especially with the rise of women and individuals from different backgrounds over the years.

Justice Gogoi also pointed out that the Supreme Court Collegium System, which is responsible for recommending judges to the Supreme Court, is the protection of the judiciary’s independence and integrity. He argues that this process is sometimes translucent, but this is the best method for maintaining judicial independence from executive influence.

The Call for Included Judiciary: A DEEPER LOOK

The debate on the dominance of the upper, middle, and male judiciary is not new. Historically, the Indian judicial system has been criticized for being unrelated to the realities of a wide Indian society. Although the Constitution guarantees equality and opportunities to all, many argue that the judiciary, which is a key to Indian democracy, is an example of ensuring that there is equal access to its power and influence for less represented groups.

The composition of the Indian judicial system continues to reflect the patterns of social inequality. Women, in particular, are represented significantly in the high judicial system, and female judges have only a small percentage of the total number of sitting judges. In addition, the Scheduled Castes, Scheduled Tribes, and other backward classes (OBCs) have been criticized for the representation of people in the high judicial system. Many have called for measures to rectify these imbalances and to be reflected in the plural society of India.

Conclusion

The debate on the composition of the Indian judicial system is important because it has touched on the principles of justice, integrity, and justice. Former Chief Justice Ranjan Gogoi insisted that the judicial appointments depend on merit, while the ongoing calls for greater diversity in the judiciary reflect the need for reforms to better represent the plural community of India. As the country continues to grow, its judicial system is important to reflect the diverse fabric of its people, listen to everyone’s voice, and provide justice impartially.

D.Y. Chandrachud on the Ayodhya verdict, Article 370, and judicial transparency | BBC News India

Frequently Asked Questions (FAQs)

1 . Why is the highest, Hindu male-dominated judiciary question?

The question of the judicial composition is important because the judicial system plays a key role in forming laws and policies that control society. Diversity fails to understand the needs, perspectives, and challenges of the lower and less represented classes, which can lead to potential bias in making a decision.

2 . What is former Chief Justice Ranjan Gogoi on this issue?

Justice Gogoi has admitted to concerns about the lack of diversity in the judiciary but stressed that the judicial appointments are merit. He emphasized the need to maintain the independence and impartiality of the judiciary while at the same time suggesting that reforms were needed to improve diversity. He also called for constant efforts to further the judiciary.

3 . Does the Indian judiciary dominate the upper, Hindu, and female people?

Critics have argued that the Indian judicial system, especially in its high positions, is historically dominated by the high and Hindu background men. Although attempts to increase diversity, including the recruitment of most women and individuals belonging to the lower classes, there are still significant gaps remaining in terms of gender and caste representation.

4 . How can the Indian judiciary become more comprehensive?

To make it more encompassing, the judicial system should represent women, scheduled castes, scheduled tribes, and other backward classes. Convincing measures, increased outreach,h and more transparency in the selection process can help solve these inequalities.

5  . What role does the Supreme Court Collegium play in judicial appointments?

The Supreme Court is responsible for recommending judges to the Supreme Court. Although the system is designed to ensure independence, it has been criticized for lack of transparency. Despite these criticisms, Justice Gogoi argued that the collegium system was the best protection against executive intervention in judicial appointments.

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