The Supreme Court today expressed anguish over certain sections of society not getting proper representation in the higher judiciary in the past 60 years.
"Is it a mere accident that there is no representation (of certain segments of society) and could the accident continue for 60 years? It is surely not an accident. And we cannot shut out the debate by saying no one has a justiciable right to be considered for appointment as a judge," a bench headed by Justice B S Chauhan observed.
The bench made the remarks during the hearing related to the controversy surrounding the appointment of judges for the Madras High Court. The apex court collegium, headed by Chief Justice P Sathasivam, recently wrote to the Union Law Ministry withdrawing the 12 names suggested for appointment as judges of the high court without giving reasons.
"We are on the multi-dimensional impact. Certain segments of the society never got representation in the Bench and it is also a fact there are competent advocates in these segments," the bench, also comprising justices J Chelameswar and M Y Eqbal observed.
When the bench wanted to know from Attorney General G E Vahanvati on how the list came to be withdrawn, he said recently the then chief justice of the Madras High Court has been elevated to the apex court.
Appearing for Supreme Court Registry, Additional Solicitor General L N Rao said Constitution does not provide for selection based on any caste or community.
The apex court on January 13 had stayed the Madras High Court order to maintain status quo on the process of appointing 12 judges, saying it is a "serious matter" which will be taken up by it.
The apex court had also taken exception to the conduct of a judge of the Madras High Court who on January 9 had walked in as a special bench was hearing a PIL against the proposed appointment of new judges and said the choice of probables was not fair.
The apex court had also put in 'abeyance' the January 9 direction of the high court directing the Union Law Ministry to maintain status quo in respect of the list of 12 names forwarded by the Madras High Court.
