A petition has been filed in the Kerala High Court seeking fair representation of Scheduled Castes/Scheduled Tribes (SC/ST) and other marginalised communities in the judiciary, especially in the High Court. The petitioner is a former scientist belonging to the Pulaya community (SC) who has pointed out that even in 40 positions of judges in the High Court, not a single judge is from a Scheduled Caste or other similarly deprived communities.
"The mandate of Articles 38 [State to secure a social order for the promotion of welfare of the people], 46 [Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections] and 335 [Claims of Scheduled Castes and Scheduled Tribes to services and posts] of the Constitution of India are required to be observed and mandated in appointment of Judges to the High Court of Kerala," the plea said. The petitioner added that a representation on this issue was submitted earlier by an organisation of backward classes but there was no response and hence sought the attention of the High Court.
Even though he acknowledged that the principles of reservation may not directly apply to high courts and constitutional positions, it was pointed out that even the Chief Justice of India had commented on the need for diverse representation in Supreme Court appointments. To strengthen his plea, he pointed out the recent statement of Prime Minister Narendra Modi who said social justice should be implemented in all spheres, including the judiciary.