Judul : India's Supreme Court: A Predominance of Upper-Caste Hindus
link : India's Supreme Court: A Predominance of Upper-Caste Hindus
India's Supreme Court: A Predominance of Upper-Caste Hindus
As Dalit Chief Justice Bhushan Ramakrishna Gavai prepares to retire, India's highest court will be left with just one Dalit and one female judge, while the majority of the judges remain upper-caste Hindu men. Is the court prepared for greater diversity?
In the past six months, India's top court has been led by a person originating fromone of the most marginalized groups in India.
Chief Justice Bhushan Ramakrishna Gavai, due to retire on November 23, offered the nation a rare glimpse — an individual from a Dalit background in a position of authority.The Dalits are part of the lowest social class.in a complicated social hierarchy in Indian society, which has itsorigins in the prevailing religion of Hinduism. The caste, previously known as "untouchables," continuesfaces discrimination and violence in the country.
Gavai's father was a well-known figure in the Dalit community who embraced Buddhism prior to Gavai's birth. Justice Gavai remains a devoted Buddhist. During his professional journey, he consistently recognized his Dalit background and emphasized that affirmative action played a key role in his ascent to the position of Chief Justice of the Supreme Court. To this day, Gavai holds the distinction of being the first Buddhist and the second Dalit to hold the title of chief justice.
Although Gavai has made progress, women and individuals from underprivileged groups continue to face long-standing challenges, bias, and gender-based discrimination while striving to move forward in their professional lives.
okay1examined the variety within India's highest court, which continues to be one of the most robust independent bodies in the nation, considering the gender, religion, and caste of its judges.
What does data show?
Due to the absence of official data from the Supreme Court regarding the caste identities of its members, it is not possible to definitively determine the caste and religious backgrounds of all judges. Nevertheless, our analysis suggests that among the 33 judges who will stay after Gavai's retirement, at least 12 are Brahmins, the highest caste in Hindu society. As per a 2020 survey by the Pew Research Center, this group constitutes only 4% of India's population. In contrast, they represent 36% of the judges in the Supreme Court.
Including eight additional judges from different higher castes, the elite Hindu group constitutes over 60% of the court.
In sharp opposition, the court will have only one Dalit remaining following Gavai's departure, and no representatives from the group officially recognized by India as Scheduled Tribes (STs). This encompasses indigenous communities that are regarded as historically disadvantaged and qualify for specific safeguards under India's constitution. Alongside Dalits, they make up 35% of India's population.
Five judges belong to Other Backward Classes (OBCs), which are also groups recognized by the Indian government as socially and educationally underprivileged. The caste of three judges could not be determined.
At least four of the judges come from minority religious backgrounds — including one Muslim, one Christian, one Parsi, and one Jain. Out of the 33 judges, only one, Justice B V Nagarathna, is a woman. This is in a nation where approximately 48.5% of the population is female. No woman has ever held the position of chief justice.
Limited range of varied applicants
Former Supreme Court justices have stated that the absence of diversity at the highest levels is due to a limited pool of candidates.
"An increasing number of women and marginalized individuals are joining the system, but the figures remain insufficient," stated former Supreme Court Justice Madan Lokur, who was in office from 2012 to 2018.
Traditionally, the legal field has been controlled by men, particularly those who are not from Scheduled Castes or Scheduled Tribes," he said to okay1. "Things are definitely improving, but the question remains, is it happening quickly enough?
Several judges also admitted that favoritism continued to affect the Indian judiciary, but emphasized that more lawyers and judges from non-legal backgrounds were emerging.
Judges spend many years advancing their careers to attain a position on the Supreme Court
As an indication of evolving trends, 38% of district judiciary judges in India were female as of 2024, up from 28% six years earlier.
"I have witnessed the transformation over the past 15-20 years, and it has been immense," stated DY Chandrachud, a former Chief Justice of India who stepped down in November 2024.
"The effort we must undertake is ensuring that the circle of consideration—the pool from which we select members of the Supreme Court—is itself varied," stated the judge, who is a vocal supporter of transparency, diversity, and individual rights.
They are ascending the ladder.
Nevertheless, he also mentioned that career advancement was "quite gradual," indicating that judges who reach the Supreme Court are generally in their late 50s.
"Conditions have significantly enhanced" for female attorneys
Significantly, a 2022 survey revealed that only 15% of Indian lawyers are female.
Rekha Palli, a former judge from the Delhi High Court, states that the majority of clients still favor being represented by male attorneys.
"Just a few women were with me [in the advocacy field]. Although there has been significant progress lately, women still face fewer opportunities," she stated.
The judge, who stepped down in early 2025, also mentioned that too few female attorneys hold positions involving direct court interaction.
"When I speak to young girls as a judge and inquire why they aren't speaking up, sometimes they mention they aren't receiving enough [court cases]," which prevents them from demonstrating their abilities in court, she explained to okay1.
Young magistrates struggle to endure
A young judge based in northern India, who prefers to be called Seema in this article, must spend several hours traveling from her home to attend court proceedings at a lower court. She is the first woman in her family to achieve such a distinguished position, yet pursuing her ideal career has led to an escalating conflict.
"I considered quitting a few years into the experience. The circumstances, the way people are treated, tend to get worse as you move from large cities to smaller towns," she said to okay1.
"I have been required to serve food to senior judges, bring them tea or coffee," she stated, describing cases of sexism. "At one point, a senior lawyer openly remarked in court, 'What does she know, she's new,'" the judge said.
The Indian judiciary reflects the Indian society.
Speaking with okay1, former judges from the High Court and Supreme Court firmly denied having observed any discrimination within the judiciary.
"It would be incorrect to claim there is any structured bias, let me emphasize that clearly. If you perform well, you will be advanced," stated Justice Palli.
Justice Chandrachud, however, did not dismiss the existence of "occasional instances of harassment."
The Indian judiciary reflects Indian society. Therefore, expecting the Indian judiciary to be flawless, free from any social bias, might be hypocritical," he stated. "However, there is a strong mechanism for addressing grievances, and you can contest it before the high court.
Grievances - a two-sided tool
Seema finds the notion of submitting a formal grievance amusing.
"The judicial system is a closely connected network that operates through personal connections. If I raise concerns, I will soon find myself facing similar complaints. Additionally, my annual reports will become unfavorable," she said to okay1.
Annual reports document a judicial official's annual performance and behavior. It serves as a significant factor in the evaluation of judges for advancement.
Seema and several other district-level judges, who were interviewed, stated that annual reports were frequently used as a means of settling "grievances" within the system.
A judicial officer from a minority community stated that he was charged with corruption and relocated "on a whim" without any investigation or opportunity to present his case.
Once a complaint is made, even if it's later proven to be false, you can forget about getting promoted," he stated. "These are all well-known facts.
A retired Supreme Court justice, who wishes to stay anonymous, mentioned that he was aware of annual reports being abused but had not encountered any proof. He suggested that the issue was more about advancing the careers of a select group rather than personal grudges.
Top Court criticizes discrimination based on caste
Several highly publicized instances, nevertheless, appear to challenge this viewpoint.
In May 2025, the Supreme Court addressed caste-based discrimination in the judiciary during a case where a lower court judge was required to retire due to irregularities in his annual reports.
The Supreme Court later overturned his termination, stating, "Just because he is from a lower caste, he is being targeted. This is a significant issue in the high court," according to aTimes of India report.
Although the issue could be viewed as an indication of discrimination, former Justice Chandrachud stated it also demonstrates that the remedy system is functioning.
What qualities define an effective Supreme Court justice?
Judges who wish to join India's highest court must obtain a recommendation from the Supreme Court collegium, which consists of the five senior-most judges. Their internal discussions and the rationale behind selecting certain candidates over others remain confidential, and those who are turned down have no avenue for appeal.
Judges Lokur and Chandrachud, who have been part of the collegium, mentioned that their selection process considers factors like seniority, quality of rulings, annual reports, and integrity, along with diversity aspects such as regional background, personal experiences, caste, and religion.
As per Justice Chandrachud, changes are required at the initial stages of schools and legal firms to develop a broader range of applicants.
"It's simple to remain outside the system and criticize it, but it's quite different to work actively for change," he stated, noting that the current system does not intentionally block promotions due to gender, caste, or religion.
If an individual demonstrates worth, they are sure to be promoted," stated Justice Lokur. Regarding disclosing the discussions, he mentioned, "you must have faith in the judges.
However, not all individuals fully support the existing selection process.
New method for choosing justices rejected by the Supreme Court
The Indian government, backed by the opposition, enacted the National Judicial Appointments Commission Act in 2014, detailing the process to supersede the collegium system. Judges would now be chosen by a panel comprising the Chief Justice of India, two senior-most judges, the Law Minister, and two "eminent" individuals without a judicial background.
In 2015, The highest court declared the bill invalid.stating that the participation of non-judicial individuals could undermine its autonomy.
"Each time someone challenges the higher courts regarding responsibility, they bring up the issue of independence and quality, sacrificing openness. There won't be any changes in the system without modifications," stated district judge Seema.
As Gavai leaves and additional justices are expected to retire in 2026, the Supreme Court will have another opportunity to enhance its diversity. However, the foundation for any meaningful transformation lies in acknowledging that the system requires reform.
Edited by: Darko Janjevic
Author: Mahima Kapoor (based in New Delhi)
Demikianlah Artikel India's Supreme Court: A Predominance of Upper-Caste Hindus
Anda sekarang membaca artikel India's Supreme Court: A Predominance of Upper-Caste Hindus dengan alamat link https://www.arablionz.pro/2025/12/indias-supreme-court-predominance-of.html
0 Response to "India's Supreme Court: A Predominance of Upper-Caste Hindus"
Posting Komentar