Weaker Sections’ Presence in Higher Judiciary Worries President

President Ram Nath Kovind noted that only one in four judges is a woman.

President Ram Nath Kovind, on Saturday, 25 November, expressed concern over the "unacceptably low" representation of women, OBCs, SC/STs in the higher judiciary and called for steps to remedy the situation.

Noting that only one in four judges is a woman, he said:

There is unacceptably low representation of traditionally weaker sections such as OBCs, SCs and STs especially in the higher judiciary.

Asking the judiciary to walk in pace with other public institutions in being truly representatives of society's diversity, the President said:

Like our other public institutions, our judiciary too has to be judicious in being representative of the diversity of our country, and the depth and breadth of our society.  

“Of the 17,000 judges in our subordinate courts, High Courts and the Supreme Court, only about 4,700 – roughly one in four – are women," he said. "We need to take long-term measures to remedy this situation."

Telling the higher judiciary that it was its "sacred duty" to "groom" District and Sessions judges and raise their skill so that more and more of them can be elevated to High Courts, Kovind said: "This will also enhance trust in our lower courts and their judgments and serve to declog our High Courts."

However, he also made it clear that the long-term solutions would be "without in any manner compromising on quality" of the judges and the judicial system.

The President was speaking at the inaugural function of the two-day meet organised jointly by the Law Commission and Niti Aayog on the National Law Day.

Pointing out that "India has acquired a reputation of an expensive legal system" coupled with delays and constraints of the "affordability of fees.”

He also said:

While we take pride in our courts and their independence, it is a paradox that poor often shy away from a legal battle, worried about duration and cost...while the well-off sometimes use the judicial process and its intricacies to delay resolution to issues they simply do not want to be resolved.

This "paradox", has to be addressed including the issue of adjournments "used for tactical delay of proceedings by one or the other party".

Kovind also called for simplifying the laws and repealing outdated laws thereby de-congest the statute book and promote ease of governance.

The President said that the judiciary, the executive and the legislature were "obligated to be models of good conduct" and cautioned that:

They also need to be careful not to cross into each other’s finely-defined spaces. Or give the opportunity to read transgressions even when none is intended.

This overstepping of the each organ's defined space can occur in many circumstances including when "extraneous comments and obiter dicta come to dominate public debates, crowding out a substantive understanding and deliberation of a well thought-out judgement", he said.

Referring to technology outpacing the law, the President said that we are entering fourth industrial revolution and "Our legal system and judiciary must continue to be responsive".

Minister of State for Law and Justice PP Choudhary in his welcome address said: "It is a fundamental principle of governance that decisions should, as far as possible, be predictable and not disruptive. When judicial activism and review wades into policymaking, sometimes its consequences can be disruptive. This needs to be avoided if possible."

He added:

If judicial independence is a pillar of our democracy, then judicial accountability is the base of that pillar. Without accountability there can be no legitimacy.