This paper delves into the intersection of the judiciary and the caste system in India, examining how caste dynamics influence the functioning of the legal system. The introduction highlights the inherent subjectivity of judicial decisions shaped by personal perspectives, emphasizing the need for a diverse judiciary in a pluralistic democracy. The paper scrutinizes the under-representation of Scheduled Caste (SC) and Scheduled Tribe (ST) judges in the Indian judiciary, analyzing its implications on the distribution of court judgments.
The section on representation presents a disheartening scenario, revealing the historical dominance of male Brahmins and other forward castes in the judiciary. Despite seventy years of affirmative action, the under-representation of SC/ST judges persists, impacting the fairness and balance of the judicial system. The opacity in the appointment process, influenced by caste considerations, is also discussed.
The prejudice section explores the ramifications of caste bias within the judiciary. Low conviction rates for crimes against SC/ST communities are linked to the upper-caste judiciary's lack of understanding of their struggles. Judicial decisions, exemplified by cases under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, often reflect inherent stereotypes and contribute to maintaining the status quo in favor of upper-caste members.
In the conclusion, the paper advocates for a more inclusive judiciary, emphasizing the necessity of adequate representation of SC/ST judges at all levels. Recommendations include the enforcement of reservations for underrepresented communities and the establishment of an All-India Level Judicial Review to uphold constitutional values of justice, liberty, equality, and fraternity.
