DMK MP moves Bill seeking reservation in higher judiciary

Contending that India’s higher judiciary does not reflect the country’s social diversity, DMK MP P. Wilson on Friday moved a private member’s Bill in Rajya Sabha seeking reservation in judicial appointments to address the issue.

In the Constitution (Amendment) Bill, 2026, Mr. Wilson argued that the present composition of the Supreme Court and High Courts falls short of the Constitution’s mandate of social justice. He said there is an over-representation of a certain community and class in the judiciary.

The proposed law says that a representative judiciary is essential for strengthening public confidence in the judicial system and improving the quality of decision-making.

Judges inevitably bring personal experiences and social perspectives to the Bench, it notes, and a judiciary drawn from only a narrow section of society risks overlooking or violating the rights of under-represented communities. Ensuring diversity, therefore, is a safeguard against discrimination and an affirmation of India’s pluralistic character.

To address what it calls “systemic barriers,” the Bill proposes reservation in appointments to the Supreme Court and High Courts in proportion to the population of Scheduled Castes, Scheduled Tribes and Other Backward Classes. This will ensure that these courts are never under-represented, and that inclusivity remains central to the justice system, it says.

The Bill also targets what it describes as the “opacity” of the existing Collegium system. It argues that judicial appointments, now a closed-door process, require transparency and consistency.

It calls for the finalisation of a Memorandum of Procedure for the appointment of judges — something repeatedly discussed but never implemented — through consultations among the Central government, State governments, the Chief Justice of India, and Chief Justices of High Courts.

It also says the Collegium must consider the views of State governments while recommending High Court judges, noting that governments elected democratically must have their perspectives heard, especially given judges’ power of judicial review over their policies.

In addition to reforms in appointments, the Bill invokes Article 130 of the Constitution, which empowers the Chief Justice of India to establish regional benches of the Supreme Court in consultation with the President. With India’s population increasing more than fourfold since 1950 and the Supreme Court’s docket expanding exponentially, the Bill argues that regional benches are necessary for the effective delivery of justice.