Madras Advocate Writes to CJI Gavai, Seeks Inclusion of OBC, SC & ST Judges in Collegium

K. Balu, a practicing advocate at the Madras High Court and President of the Advocates’ Forum for Social Justice (AFSJ), has written to Chief Justice of India B.R. Gavai, urging systemic reforms to ensure representation of Other Backward Classes (OBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs) within the Supreme Court and High Court collegium systems.

In his letter, Balu emphasized that the appointment of judges to the higher judiciary, while constitutionally safeguarded through the collegium system, has remained “structurally exclusive” and out of step with the ideals of social justice. “Despite being one of the world's most socially diverse societies, India's collegium system in Supreme Court and High Courts continues to operate without representational accountability,” the letter states.

The advocate pointed out that the current collegium structure, though intended to preserve judicial independence following the Second Judges Case (1993) and Third Judges Case (1998), has not evolved to reflect India’s constitutional commitment to equity and inclusion. He noted that while seniority remains the guiding principle within the collegium, it “is itself the product of historical exclusions, where access to judicial office has remained limited to a narrow socio-economic elite.”

Calling Justice Gavai’s elevation as the 52nd Chief Justice of India “historic,” Balu said it marked a symbolic shift toward visibility of marginalised voices at the highest judicial level, but urged that this symbolism must translate into “substantive institutional reform.”

Citing the recommendations of the National Commission to Review the Working of the Constitution (NCRWC) chaired by Justice M.N. Venkatachaliah, Balu reiterated that representation of SCs, STs, and OBCs in the higher judiciary had been acknowledged as inadequate. “In higher judiciary, the representation of Scheduled Caste, Scheduled Tribes, and Other Backward Classes is inadequate,” the report had noted.

He also highlighted that the Union Government has, on several occasions, urged constitutional authorities to recommend suitable candidates from these communities for elevation as judges in High Courts.

The letter proposes several measures to promote social inclusion, including:

- Framing a resolution or internal protocol to factor in diversity - caste, gender, religion, and region, during collegium deliberations;

- Inclusion of at least one judge from OBC, SC or ST communities in collegium discussions, whether formally or through consultative mechanisms;

- Creation of an advisory or rotational body to bring in inputs from a broader pool of judges;

- Public disclosure of diversity data in judicial appointments.

“This is not a call for legislative intervention,” Balu clarified. “It is a plea for internal reform, one that can be initiated through Your Lordship’s moral leadership and the administrative authority of high judicial office.”

He further stressed that inclusion in the collegium was essential not merely for symbolic representation, but as a matter of constitutional necessity. “Judges from socially disadvantaged backgrounds bring with them a depth of experience and lived understanding that meaningfully enriches the process of deliberation, especially in matters of judicial appointments,” he wrote.