Senior Advocate and Rajya Sabha MP P Wilson has written to President Ram Nath Kovind expressing his concern regarding the inadequate representation of High Court Judges from many states at the Supreme Court in a letter dated 19th June.
He stated that “If we consider the case of the Madras High Court, a chartered High Court with an illustrious history, only one Judge from the Madras High Court is presently serving on the Bench of the Supreme Court of India,” Further he said, the Constitution of India as well as the Supreme Court, being the highest judicial organ in the country, is “as much federal as the other organs in the sense that it belongs equally to all States.”
Focusing on Art 124, he showed how the Apex Court should be composed of High Court Judges and Advocates from different states. It was urged that this spirit of cooperative federalism be reinforced.
Furthermore, he explained that adequacy of representation was of utmost importance considering that the Supreme Court, being the final arbiter of disputes, has to decide rights in rem apart from rights in personam. This includes disputes between States, ones that impact culture, customs and languages which command regional representation in the Bench.
He further added that Inadequate representation of States on the Bench of the Supreme Court is an offence to rights of the State and the people of the States, And also referred to the State-wise composition of the Supreme Court Bench while comparing the sanctioned strength of the High Courts from where the judges belong.
Wilson also pointed out that initiatives should be launched to ensure social diversity in judicial appointments to the Apex Court.
The letter urged the President to guide the Union government to take steps to provide adequate representation to all States and High Courts, based on their respective sanctioned strength and incorporate social diversity in judicial appointments to the Supreme Court.
By Team SLC