A former scientist of the India Council for Agriculture Research has moved the Kerala High Court seeking directions to the Central Government and others to ensure equitable representation to Scheduled Castes, Latin Catholics or other backward communities in the appointment of judges to the High Court of Kerala.
M. K. Mukundan moved the High Court pointing out that there was no representation for Scheduled Castes, Latin Catholics or other backward communities among the judges of the Kerala High Court. Of the 34 judges in the Kerala High Court, 23 belonged to higher communities and six were from the Ezhava community. Muslims and Christians were also well-represented on the Bench.
The non-appointment of judges from the backward communities amounted to a violation of the concept of social justice enshrined in the Constitution of India. The concept cannot be ignored while making appointments to the judiciary, administrative bodies and government and public sector undertakings, he contended.
Though a woman, who is also a member of a Scheduled Tribe, was elected as the President of India, the rightful claims of the members of the Schedules Castes and other equally deprived classes like Latin Catholics have not been duly recognised in the appointment of judges to the Kerala High Court.
A major chunk of the posts offered to the backward communities is taken by the affluent, influential and creamy layer among the other backward classes, thus depriving the Scheduled castes, Scheduled Tribes and Latin Catholics their due share, which amounted to the negation of equality of opportunity guaranteed under the Constitution, he argued.
Though the strength of the judges of the High Court of Kerala was increased, no posts were set apart for the deprived classes. The representation of the most backward communities in the judiciary shall be ensured to meet the principles of social justice. The Supreme Court too had spoken about the need for ensuring social justice in the judiciary, he contended.
