The Indian judiciary’s — lower and higher — record in terms of representation of minorities has historically been abysmal and deplorable. Since independence, the Supreme Court has had only four (of 43, or 9.3 percent) Muslim chief justices, the last being Justice Altamas Kabir who retired in 2012, and 10 (of 154, or 6.5 percent) judges.
Before Justice Kabir, AM Ahmadi served as the CJI between 1994 and 1997. And before Justice Ahmadi, Mirza Hameedullah Beg (January 1977 to February 1978) and Mohammad Hidayatullah (February 1968 to December 1970) were appointed CJI.
Why the judiciary at all levels lacks in religious diversity is not clear. Are the causes mainly on the supply side, meaning are there simply not enough senior lawyers from religious minorities? Do they not aspire to a career in the judiciary? Or do they underrate their chances of entering it? Or are the causes mainly on the demand side? In other words, do the recruitment and selection mechanisms place religious minority candidates at a disadvantage?

