DMK MP raises concern over lack of diversity in judicial appointments

CHENNAI: Raising concern over the lack of diversity in judicial appointments, particularly in the Apex Court, DMK Rajya Sabha MP and senior advocate P Wilson has written to the President of India.
"At this juncture, certain disturbing trends are noticed in the composition of the Union judiciary - the Supreme Court of India - which is the final court in this country. For the past few years, we have been witnessing declining representation from all sections of the society in the Apex Court. There is a diversity in our Supreme Court and the court is not indicative of the wonderfully diverse and pluralistic society of India," Wilson said in his communication.
Noting that judicial diversity is fundamental to the quality of judging, Wilson said, "Many social groups are poorly represented in the judiciary. This may mean their rights are not being properly safeguarded, and may eventually lead to the infringement and violation of such rights. People of this country are afraid that a very narrow, homogeneous group of judges belonging to certain classes are not necessarily going to reflect the views and values of society as a whole, particularly on issues involving diverse, cultural and generational matters because they would require more perspectives, as the judges would interpret and enforce the law based on their own background."
"How else can one explain the lack of more number of women and judges from historically oppressed sections of society?", he wondered.
Adding that diversity on the benches enhances judicial impartiality as well as increase public confidence in the administration of justice, Wilson said, increasing the diversity of the judiciary improves the quality of judgments. It means that there will be more varied experiences and perspectives from which to draw on in interpreting and applying the law.
"A Judge who was born into privilege, and raised wealthy and in upper echelons of society might not appreciate the law pertaining to reservations as much as a judge who was born into abject poverty, but has risen to success through reservations and who is not part of the bench which delivered the judgment," he said.
Lack of diversity in the Supreme Court may also contribute to problems on a social and constitutional level. People who are unable to relate to figureheads in the justice system are less likely to feel heard and represented. They may be less willing to engage or participate in society or in the democratic process, he added.