Should there be reservations in higher judiciary?

The incoming chief justice of India, Justice P. Sathasivam, has stirred the hornet’s nest by his comment that there should be reservation for members of the scheduled castes, scheduled tribes and the other backward classes in the higher judiciary, such as Supreme Court and high court judges’ posts.

In an interview with The Telegraph, Calcutta, Justice Sathasivam says members of the SCs, STs and OBCs could be elevated to the higher judiciary by giving them certain concessions in the appointment process, provided they fulfilled minimum requirements.

“We need to have some sort of reservation and representations for SCs, STs and OBCs. But at the same time we cannot ignore the minimum standards which are already in vogue for appointment. It does not mean we have to select a person far junior or who lacks merit. But we have to give them some concession….

“They must satisfy the minimum requirements. It is in our (judges) mind. You can also say it is in my mind. I am anxious that persons from SC, ST and OBCs are appointed. Of course, there are members of the OBCs who are already in the higher judiciary,” the judge is quoted as saying.

Question: Is reservations for judges a good idea?

Also read: Why reservations in judiciary is a bad idea

So, how many Dalit or tribal friends do you have?

Any wonder private sector hates reservations?

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31 Responses to “Should there be reservations in higher judiciary?”

  1. harkol Says:

    Reservations per se is not a good idea. It sets a wrong kind of ‘equality’ goal.

    The idea of reservations is to ensure SC/ST/OBC etc. are not left behind completely. It is not an idea to ensure they are in upper echelons on the basis of their caste.

    If such an argument is accepted, then next logical step will be should there be reservations for PM post? And for India Cricket and Olympic teams??

    ABSURD??!! The fact that our next chief justice is talking this shows how poor is our upper judiciary.

  2. Communal Award Says:

    To empower lower caste people, Indian regime must implement “Communal Award”.
    I’ll give US$300 Million for its implementation.

  3. Shrinivas Says:

    And what is the logic?

  4. narayan chabbi Says:

    No me lord. never

  5. Deepak Says:

    Also please lets have reservations in railway tickets, airline tickets and lets do it strictly such that if the reserved seats are not occupied they should be left vacant. And lets have reservation on blogs and comments, a certain percent of blogs and comments must be reserved. Lets hope the honourable Chief Justice’s views are strictly implemented in all sectors so that we can truly show the world how modern and progressive we are.

  6. Prashanth R Says:

    Reservations are a good idea as described by the judge. Once a judge meets a minimum qualification under-privileged classes should have reservations. The problem with our country is we lower the minimum standards to have SCs, STs and OBCs qualify.

  7. Sanjeeva Says:

    @Communal Award, Could you please define Lower Caste, Middle Caste, Higher Caste?! (And also Lower Middle Caste, Upper Middle Caste, Higher Middle Caste, Middle Higher Caste, Lowest Caste, Highest Caste)…

  8. Iqbal Singh Says:

    There are indeed some basic flaws in the Constitution of India. Reservation is one of them. Unfortunately this shall never see the light of desired amendments. This has made other part of the population untouchable.

  9. Ashwath Says:

    The caste system originated on philosophy of one’s duty or karma but unfortunately
    upper class dominated the others through the ages prevailing inequality. Now that is
    affecting adversely to the current generation of that class in the name of reservation
    creating again the same inequality. Moreover the inherent culture and traditions are
    declining among many of the caste and creeds especially in urban areas. At this instance
    we are not able identify the caste of an individual based upon his job. So go on demanding
    reservation based on caste is literally meaningless. The reservation should be based upon
    financial perspective alone since there are lot of people belonging to all castes who can’t afford
    basic needs.
    I believe the lost equality and dignity of downtrodden can be brought by sharing the Vedic
    knowledge for those who are all willing to learn irrespective of caste and religion. In fact that was the only gap between people of this tribe which supposed to be the
    root cause of all problems that we are facing today.

  10. chidu22 Says:

    There should be no such thing as minimum standards, you should be qualified and competent to hold the post.

  11. Anonymous Guy Says:

    Clever judge must think up something about the never-ending waits that the everyone, especially the SCs, STs and OBCs have to endure in Indian courts. People die while waiting for justice to be delivered.
    That is a real problem to solve. After that he is welcome to mete out social justice using the easy, unmeasurable route.

  12. M Says:

    This is an irrelevant question. Because, if you have had first hand experience with our Court System, you will know that nothing ever happens there. If you file a case, it will be tried for 10 years and then the Judge will close it with an advice to refile in another angle.

    Since the system is completely rotten, adding more rotten eggs will make no difference.

  13. Goldstar Says:

    There should be reservation for SC, ST, and OBCs in all spheres. And secondly, everybody caste should be tagged as either SC/ST or OBC. That way everybody is happy !!

    The government recently gave OBC status to four dozen castes:

    http://www.indianexpress.com/news/cabinet-clears-way-for-48-more-castes-in-obc-list/876987/

    This after 60 years of independence.

  14. dr ramesh Says:

    Reservation is a very good idea in a malfunctioning democracy like India. But caste based reservation should not be encouraged but reservation based on linguistic criteria should be encouraged.
    Every state should have a fixed no.of judges in the supreme court, this will ensure respect for linguistic diversity of India and impartial decisions in inter-state disputes.
    This should be implemented in all central govt. Institutions.

  15. nilesh Says:

    Does it matter. Topper go for mbbs, b.e etc, the leftovers take law and become lawyers.

    Lawyers get to be judges, so which ever way it is lose-lose situation for us litigants

  16. Suma Says:

    The incoming CJ is definitely ex-judge Dinakaran’s cousin! It’s indeed a shameful tragedy that we continue to have such retarded attitudes & biased personalities heading our judiciary.

  17. Doddi Buddi Says:

    Dear Justice Sathashivam,

    I agree. Let there be reservations in Higher Judiciary; Ipso facto, let there be reservations against such Higher Judiciary!

  18. FirstReality Says:

    No surprise the old man from the establishment has NOT spoken about inefficiency of judges, incredible delays in justice delivery, arrogance of anyone associated with judiciary, effed up court buildings that do not have basic facilities for unfortunate ones who go there. And last and most important – the laws that prohibit you from speaking these truths.

    Anyway he is speaking that which best serves his survival and thriving. Why are the rest 120 crores so willing to take up there arse regularly is beyond my understanding.

  19. Gaampa Says:

    I have reservations against “Reservations”.

  20. Pulikeshi the Least Says:

    Good observations, First Reality. In almost everything our compatriots say there is always the implied belief that the system cannot change for the better.

  21. Mathew Says:

    While our nation has been reeling under the massive scams for over a decade, the public has already forgotten the most recent Pawan Bansal Railway Gate or Etihad-Jet Airways scams. We now have many in the media, diverting and quoting a certain Justice Sathasivam, who shockingly says that members of the SCs, STs and OBCs should be elevated to the higher judiciary by giving them concessions in the appointment process!

    Here is an example of what the public thought of such an idea in the past…

    https://churumuri.wordpress.com/2009/09/16/the-strange-case-against-justice-p-d-dinakaran/

    http://www.dnaindia.com/analysis/1854260/editorial-dna-edit-politicians-stay-off

    Incidentally, a CM from the south noted for doles, sycophancy and self-glorification, was the first to greet this Chief Justice of India designate. More importantly, in the waiting to urgently congratulate the incoming Judge are veterans of mega scams!

  22. Free Man Says:

    Reservations are a “conspiracy” against the so-called backward classes, as it seeks to keep them backward forever.

    Through the policy of reservation, a few elite amongst the so-called backward classes get plum jobs and other benefits, will majority of them languish in poverty. That is the story of India.

    Look at the black population in USA. The so-called affermative action policy has destroyed black culture. Now they are having problems of drugs, violence, etc.

    The socialists can only prosper through a policy of divide and rule, and that is why they want to foist reservation on our heads. It is too bad that the so-called backward classes (almost the entire country, because everyone is equally backward here) are being taken for a ride again and again.

  23. M Says:

    @ nilesh

    “Topper go for MBBS, BE etc, and the leftovers take law and become lawyers. Lawyers get to be Judges”

    I wish to make small correction in your statement. Almost 2 decades ago, a practising lawyer himself said that a person who is good for nothing else ends up in law. And the one who AGAIN FAILS to make a mark gets elevated as Judge.

    So the Judges are the leftovers of the leftovers!

  24. Goldstar Says:

    >> I wish to make small correction in your statement. Almost 2 decades ago, a practising lawyer himself said that a person who is good for nothing else ends up in law. And the one who AGAIN FAILS to make a mark gets elevated as Judge.

    Or they take to journalism ;-) !!

  25. Pulikeshi the Last Says:

    Competence, legal or otherwise, stems from personal characteristics and not caste. Merit and character should be the sole criteria in appointing judges, ministers, and all other officials.
    Cry, my country.

  26. Prema K Says:

    Aside to solving a backlog of nearly three crore cases and caste-based political promotions..etc, the Indian Judiciary’s biggest challenge today is rampant corruption, at all levels!

    In his latest interview, the Chief Justice of India designate says, “Judiciary is not untouched by corruption” and solution is simple. Bring such occurrence to light by making a grievance petition before the chief justice of the respective high courts and also to the Chief Justice of India.

    Well, I wish matters were so easy.

    Sadly, he has forgotten that the CJ’s we have in this country are noted folks like P.D. Dinakaran and K. G. Balakrishnan! While Dinakaran’s shameless, selfish and brazen acts are well-known, in the case of Balakrishnan: despite the naked corruption cases (apart from son-in-law and Indian Youth Congress leader P. V. Srinijan’s massive and unaccounted fortune, he is suspected to have collected a large amount of ransom in acquitting Suryanelli rape case suspect P. J. Kurien), the later is ironically the Chairperson of the National Human Rights Commission of India!

    “In my view, out of the last 16 to 17 Chief Justices, half have been corrupt. I can’t prove this, though we had evidence against Punchhi, Anand, and Sabharwal on the basis of which we sought their impeachment”
    – former law minister and senior SC advocate Mr Shanti Bhushan.

  27. Anonymous Guy Says:

    Pulikeshi, Most Indians are ‘corrupt’ in the Western sense of the word. We value family above all else, we justify and lie when it is convenient, we hate everyone outside our family and caste in varying degrees. What to expect but rampant ‘corruption’ when in the judiciary? Nothing’s going to change. The trick may be to accept corruption and build things to at least be efficient.

  28. S S Vikal Says:

    The idea of the new designate CJI deserved to be welcomed. He has talked about reservation or representation of SC/ST/OBC in the higher judiciary. what is wrong in this. The SC/STs be given their right. There are meritorious candidates for the top posts but they are being denied their rights only basis of their castes which is wrong. Any body can tell that the ex President of India Shri KR Narayanan lacked merits and ex Chief Justice of India Shri Balakrishnan lacked merits, no. But in our country nobody wants to see the SC/STs on the top posts it is their mentality. They think that how the sevaks can become masters.

  29. Kalhan Says:

    The reservation is a cancer which should be not only stopped but removed. The country should provide free education/ coaching to all poor students , not just certain categories, then the selection should be based on merit. Let government help all deprived masses to achieve the baseline and then let them compete. What is the fault of a poor brahmin peon’s son, he doesn’t have money to study and even if he studies, he is up against biased system. Caste system may be a biased system which has prevailed for thousands of years but another biased system cannot be an answer to it.

  30. cutie Says:

    eservation jb tak duniya hai tb tak rehni chahiye…bcoz still people believe in castesim.still have high or low caste bases discrimination..acha bhala india angrezo se azaadh hua tha tum ghatiyan logo ne society ko ek caste line mein devide kiya..na krte sbhi ko hindu maan kr chalte toh aaj yeh reservation jaisi koi problems hi na hoti..bada shonk chada tha na khudh high rank mein rakhne ka dusro ko low mein rakhna bina unki marzi jane bcoz us time unki conditions poor thi tumhare paas paisa tha toh tumne khudko high rank mein rakh liya bt kaam tumhare low standard se bhi ghatiyan hai..jitne bhi crime hote hai woh brahmin kshatriya jaise logo ka haath hota hai unka..ab bhagwadh gita ka example le lo jo brahmin kul mein janma means ravan aaj ke samaye mein woh raksh hi samjha jata hai or valmiki jo shudra the apni knowledge ke bal pr usne sabe uscha staan prapt kiya hai..kya hoti hai high or low caste or kya hai yeh brahmin kshtriya or vaishya or shudra..khudh hi sb create krke khudh hi sbko prblems mein daal diya..kya god ne yeh ghatiyan kaam kiya i m sure god apne logo ko kbi high or low mein nhi rakhega…us time kuch logo mein knowledge kya thi uska itna galat fayda utha liya u should be ashamed of yourself..we all are hindu..no one is brahmin, no one is kshtriya, no one is vaishya n no one is shudra understood..india mein jo rehta hai woh sbhi hindu hai sb pehle insaan ke roop mein aate hai..baadh mein tum hindu,muslim, sikh or christian ho..yeh char religion kafi nhi the..discrimination krne ke liye jo char or le ke aa gaye ho..first say no caste n no community we all are hindu..prove kro isko khatam kro isko sbko ek nazar se dekho..inter caste marriage krke iss ghatiyan thinking ko khatam kro..we all are human being then anything else..jo india mein hai woh indian hai okh..n let me tell u one think…kuch lower caste issi baato se dukhi ho ke abroad chale gaye or kuch religion hi change kr chuke hai..sabse kam population toh pure world mein hindu logo ki hai..bt i happy hindu sbhi khatam hi ho jaye acha hai atleast yeh ghatiyan castesim high or low ka system toh khatam hoga aise toh katar hindu kbi nhi sunenge kbi na manenge..kitni zindgiyan kharab kr chuke ho iss castesim ki wajah se hua hai…schi mein narak mein jaye sbhi hindu dil se badhdua deti hun..pure world mein muslim budhist or christian ki populations badti rahe..bcoz tum nhi samjhoge or na shudharne wale ho..

    ***

    The brahmin community has been one of the dirty communities which has planned strategically to fool people in the name of god by generating the highest donations in the temple, doing business to fool and loot money in the name of puja, death, marriage, new home… For any occasion, there’s one puja. They charge very high prices and take away all the items after the puja. They have created prostitution in the name of devadasis. They suppress jobs and employment and welfare and equality are destroyed. they have destroyed the Indian medical system. They have killed Indian medical science like siddha vaidhyam and created ayurveda and carnatic music by destroying dravidian music. Even today they have the temples under their control. They say they don’t like untouchables, but they have always been sexually harassing low caste women.

    ***

    All human-beings are equal in the eyes of God.The human-beings have only created the caste system.There are good and bad people in both high caste as well as low caste.
    Ultimately,what matters to God is, whether one is a good person or striving to become one, or not.

    ***
    One who thinks himself to be of a high caste is actually low. While one who thinks himself/herself to be of low caste is said to be high caste.As per the scriptures, people are known by their nature and the quality of work they perform..

  31. cutie Says:

    We always talk about religion and castesim but in reality there is no any caste and religion. We all are same our blood are same.then why we believe in discrimination. God never created any caste they made simple human being.. Mentally sick people take the path of fundamentalism and spread casteism and communism. They suffer from inferiority complex and divide the society into “we” and “they”. They (belonging either to higher or lower ranked caste) have a fear in their heart that if they do not get a higher place for themselves in society, “other” people are going to exploit them and going to put them down.They don’t have believe on themselves and their own work. They have doubt own their capability. People with negative mindset suffer from inferiority complex and divide society into compartments like higher castes or lower castes.and can’t tolerate “others” progress or well-being. They cannot work hard and cannot tolerate anybody else’s achievements. These are the people with negative mindset who believe in ranking some belonging to higher castes and/or some to lower castes. They are coward and they are unable to protect themselves…

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