New Delhi: The Supreme Court Collegium System, Under Criticism For Its Opaquaness, FACES an Uncomfortable Question as a new pil challenged the quota for memory communities in the selection of selection of selection Appointment as Judges of the HCS on the ground that it ran counters to the cardinal constitutional Principle of ‘secularism’.Thought the scallegium – The CJI and Two Most Senior Judges – Had in the Past Picked Advocates from SCS, STS, OBCS and from Minority Communities and Recommed Their Names for HC Judgeip Religion and types of backwardness of persons recommended for HC Judgeship Nearly Four months ago By the sc injured by pil petitioners – Hari Shankar Jain and Vishnu Shankar Jain – to Quetionalityanalityanalityanalityy Selection.“Constitution Neither Permits for Making Appointment to an office or post under the state based on the person’s relief or nolls a person’s a person’s right to be a ground for Consideration in the procederation. Constitution does not make any disturbation between majority and minority communication in the appointments to any govt post, “They said.The pil referred to union law minister’s statement in Lok Sabha on Dec 2024 that govt has Requested the Chief Justices of the HCS to Sen Names of Suitable Candidates Belonging to SCs, Sts, STS, STS, Menorities, Menorities and Women to Scallegium for considering them for appointment as HC Judges to Ensure Social Diversity in the Appointment of Judge. The pil said such a request was unconstitutional as selections to constitutional posts cannot be based on a person’s relief.On May 5, the scallegium circulated a list containing 303 Names of Persons Approved for Appointment as HC Judges Between Nov 9, 2022 and Nov 10, 2022 and Nov 10, 2024 and Another 103 Names from Nov 11, 2024 to Apr 16, 2025. The list identified these from the mineority communities the backward classes, who had finalized amon the recommendations.Referring to the list of Names Made Public by the Sc Regarding Regarding Made from 2022 Till 2025, The Petitioner Said as Many as 24 Appointments appear to haven made from bee Religion. Ingtrast, only 13 persons from sc/st category was recommended for Judgeip, it said, and alleged that injustice has been done to that belonging to dalit and tribal communities.The pil asked – “Whether the scallegium actd unconstitutionally and Illegally in Conceding to the Request of the Central Govt to Consider Names of Persons of Persons Belonging to Minority Communities?” – And requested the sc on the judicial side to restrain govt from appointing the individuals, who have been recommended based based on their relief, as hc judges.
