April 1, 2025: The Ministry of Law and Justice has informed Parliament that more than 77% of high court judges appointed since 2018 belong to upper castes. In response to a question from Rashtriya Janata Dal MP Manoj Kumar Jha, Law Minister Arjun Kumar Meghwal stated that out of 715 judges appointed in the past seven years, 551 were from the general category. The representation of marginalized communities remains significantly low, with only 22 judges from the Scheduled Caste (SC) category, 16 from Scheduled Tribes (ST), 89 from Other Backward Classes (OBC), and 37 from minority communities.

The data highlights a slight improvement in diversity compared to January 2023, when the government had reported that 79% of high court judges appointed since 2018 were from upper castes. However, concerns about the lack of inclusivity in the judiciary persist. While responding to the query, Meghwal pointed out that the process of judicial appointments is driven by recommendations from the Supreme Court and high court collegiums. He emphasized that the government does not have the power to unilaterally appoint judges but can only approve the names forwarded by the collegium.

Despite the lack of constitutional provisions for caste-based reservations in judicial appointments, Meghwal assured that the government has been urging high court chief justices to consider candidates from SC, ST, OBC, minority groups, and women while making recommendations. A similar statement was made by former Law Minister Kiren Rijiju in 2022, reinforcing the need for social diversity in judicial appointments.

The issue of representation in the judiciary has been a subject of debate for decades. In the landmark 1993 Second Judges Case, which established the collegium system, the Supreme Court had acknowledged the importance of diverse representation in judicial appointments. At the time, only 13 high court judges were from the SC category and seven from the ST category, collectively making up just 4% of the judiciary. Women accounted for only 3% of high court judges. The court had warned against a judiciary that functions as a "self-perpetuating oligarchy" rather than an institution that reflects India's diverse democratic polity.

While the government continues to stress the importance of diversity, the numbers show that high court appointments remain heavily skewed towards upper castes. With the judiciary holding the primary responsibility for selecting judges, the challenge of ensuring a more inclusive and representative system remains unresolved.