Plea Before Kerala High Court Seeks Judicial Representation: 'Negation of Constitutional Mandate’

A retired ICAR scientist has filed a plea before the Kerala High Court, urging for equitable representation of Scheduled Castes (SC), Scheduled Tribes (ST), and marginalized communities in the judiciary, particularly in the Kerala High Court. The petitioner, belonging to the Scheduled Caste Pulaya, highlighted the absence of any judge from SC or other marginalized communities among the 40 positions for judges in the Kerala High Court.

The petitioner contends that this lack of representation violates the constitutional principles of equality of opportunity, social justice, and Articles 38, 46, and 335. The plea emphasizes that this plea echoes the concerns raised earlier by a backward class organization, which remained unanswered.

"The mandate of Articles 38, 46, and 335 of the Constitution of India are required to be observed and mandated in the appointment of Judges to the High Court of Kerala," the plea asserts.

Seeking the court's intervention, the petitioner requests appropriate directions to the Union of India and relevant authorities to ensure adherence to social justice principles in Kerala High Court appointments from marginalized communities.

The petitioner underlines the constitutional commitment to social justice, emphasizing that it should be a guiding factor in judicial, administrative, and public sector appointments. Despite India's current President being a woman from a scheduled tribe, the petitioner laments the lack of recognition for the rightful claims of SC, ST, and other deprived classes in Kerala's judicial institutions.

While acknowledging that reservation principles may not directly apply to high courts and constitutional positions, the petitioner notes the Chief Justice of India's past comments on the necessity of diverse representation in Supreme Court appointments. The plea clarifies that advocating for representing underprivileged classes in high courts does not equate to demanding reservation.

Furthermore, the petitioner refers to recent statements by the Prime Minister, emphasizing the importance of social justice across all domains, including the judiciary. The plea articulates a call for transformative change, urging the Kerala High Court to address the negation of constitutional mandates.

Author: Anushka Taraniya

News Writer, MIT ADT University