10. Judicial Reforms: Diversity in Appointments and Regional Benches

A Private Member Bill introduced by MP P. Wilson seeks to amend the Constitution to address two longstanding issues in the Indian judiciary: the lack of social representation in higher judicial appointments and the geographical barriers to accessing the Supreme Court. The Bill proposes mandatory reservation-like diversity and the establishment of regional benches to decentralize justice. • Mandating Social Diversity: The Bill requires that appointments to the Supreme Court and High Courts reflect India’s social fabric by giving due representation to SCs, STs, OBCs, minorities, and women in proportion to their population. • Timeline for Executive Action: To prevent \'pocket vetoes\' where the government sits on recommendations, the Bill mandates a 90-day maximum timeline for the Centre to notify collegium recommendations. • Regional Benches for Accessibility: It proposes setting up permanent regional benches of the Supreme Court in Chennai, Mumbai, and Kolkata, while the main Constitution Bench remains in Delhi to handle matters of constitutional importance. • Addressing Pendency: With over 90,000 cases pending in the Supreme Court as of January 2026, regional benches are seen as a solution to reduce the burden on the principal seat and lower the litigation cost for common citizens. • Institutionalizing Inclusivity: The Bill moves beyond the \'merit-only\' narrative of the collegium, arguing that a diverse judiciary enhances public trust and brings varied lived experiences to legal interpretations. • Constitutional Directive: By seeking an amendment, the Bill aims to turn the current informal practice of \'regional and communal balance\' into a formal constitutional obligation. Key Definitions & Historical Evolution• Collegium System: A system of appointment and transfer of judges that has evolved through Supreme Court judgments (Three Judges Cases), where a body of senior-most judges makes recommendations to the President. • First Judges Case (1981): Upheld executive primacy; \'consultation\' with the CJI did not mean \'concurrence.\' • Second Judges Case (1993): Introduced the Collegium; \'consultation\' was re-interpreted as \'concurrence.\' • Third Judges Case (1998): Expanded the Collegium to the CJI and four senior-most judges for SC appointments. • Private Member Bill: A Bill introduced by any Member of Parliament who is not a Minister. While they rarely become law, they serve as vital tools for highlighting policy gaps and initiating public debate. Constitutional & Legal Provisions • Article 124: Pertains to the appointment of SC judges by the President after consultation with judges of the SC and HCs. • Article 217: Pertains to the appointment of High Court judges. • Article 130: Provides that the Supreme Court shall sit in Delhi or in such other place or places as the CJI may, with the approval of the President, appoint. This article already allows for regional benches without a constitutional amendment. • 99th Constitutional Amendment & NJAC: Attempted to replace the Collegium with the National Judicial Appointments Commission in 2014; struck down in 2015 as a violation of the \'Basic Structure\' (Independence of Judiciary). Diversity Statistics in Higher Judiciary (2018-2024) The following table highlights the representation gap that the Bill seeks to address: | Social Category | Representation Percentage | | :--- | :--- | | SC, ST, and OBC | ~20% | | Women | <15% | | Religious Minorities | <5% | | General Category/Others | ~80% | Conclusion The proposed Bill highlights a critical democratic deficit in the Indian judiciary. While judicial independence is non-negotiable, the current \'judges appointing judges\' model lacks transparency and social diversity. Setting up regional benches, as recommended by the 229th Law Commission Report, would democratize access to justice. A balanced approach—incorporating a more inclusive recruitment process like an All India Judicial Service (AIJS) or a reformed NJAC—is essential to ensure the judiciary remains both independent and representative. UPSC Relevance • GS Paper II: Separation of powers; Statutory, regulatory, and quasi-judicial bodies; Appointment to various Constitutional posts; Salient features of the Representation of People’s Act. • Judiciary: The debate between the Collegium vs. NJAC; Regional Benches (Article 130); Judicial overreach vs. activism. • Social Justice: Representation of marginalized communities and women in constitutional high offices.