New Delhi- Indian judiciary continues to reflect a serious deficit in diversity. According to data presented in the Rajya Sabha, the representation of marginalized communities in High Court appointments since 2018 stands at a mere 3.89% for Scheduled Castes (SC), 2% for Scheduled Tribes (ST), and 12.25% for Other Backward Classes (OBC).

The situation for women is equally stark, with only 1 out of 33 sitting judges (3%) in the Supreme Court and 114 out of 810 sitting judges (14.1%) in the High Courts. At the same time, High Courts are functioning with 312 vacancies out of a sanctioned strength of 1122 - directly contributing to mounting case backlogs and delayed justice.

The data was revealed in response to questions raised by Rajya Sabha MP Dr. John Brittas, who sought detailed information on judicial vacancies, appointment processes, and the state of social diversity in the higher judiciary.

Minister of State (Independent Charge) for Law and Justice, Arjun Ram Meghwal, in a written reply on March 12, informed the House that against a sanctioned strength of 1122 judges for all High Courts, only 810 are currently working, leaving 312 posts vacant. Of these vacancies, 132 proposals for appointment are at various stages of processing between the government and the Supreme Court Collegium. Alarmingly, recommendations against 180 vacancies are yet to be received from the High Court Collegiums. The Supreme Court is also short of one judge, functioning with 33 judges against a sanctioned strength of 34.

"As per the Memorandum of Procedure (MoP), the responsibility for initiation of proposals for appointment of Judges in the Supreme Court vests with the Chief Justice of India, while the responsibility for initiation of proposals for appointment of Judges in High Courts vests with the Chief Justice of the concerned High Court. However, the Government is committed to enhancing social diversity in judiciary and has been requesting the Chief Justices of High Courts that while sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in the appointment of Judges in High Courts. Only those persons who are recommended by the Supreme Court Collegium, are appointed as Judges of the Supreme Court and High Courts", the minister responded.

Government Cites No Reservation Policy, But Pushes for Greater Diversity

Responding to Dr. Brittas's query on the number of judges from SC, ST, and OBC communities, the Minister clarified that the Constitution does not provide for reservation in judicial appointments under Articles 124, 217, and 224. Consequently, category-wise data of currently serving judges is not maintained centrally.

However, the Minister stated that the government is committed to enhancing social diversity. Since 2018, recommendees for High Court judgeships are required to provide details of their social background.

Based on this information, of the 849 High Court judges appointed since 2018 until March 6, 2026, 33 belong to the SC category, 17 to the ST category, and 104 to the OBC category. The government has consistently urged Chief Justices of High Courts to give due consideration to suitable candidates from SC, ST, OBC, minority communities, and women while sending proposals for appointment.

Data on Non-Judicial Staff Not Maintained Centrally

In response to a question regarding the representation of SC, ST, and OBC communities in the non-judicial staff of the Supreme Court and High Courts, the Minister explained that such appointments are governed by Constitutional provisions. Appointments for the Supreme Court are made by the Chief Justice of India under Article 146(1), while High Court staff are appointed under rules framed by the respective Chief Justices under Article 229(2). As these appointments fall exclusively under the domain of the judiciary, the information is not centrally maintained by the government.