Reservation for SCs/STs in Judiciary
Appointment of Judges of the Supreme Court and High Courts is made under Articles 124 and 217 of the Constitution of India respectively, which do not provide for reservation for SCs/STs.
In exercise of powers conferred under proviso to Article 309 read with Article 233 and 234 of the Constitution, the State Governments frame rules in consultation with the High Court for recruitment of persons to Subordinate judiciary. Therefore, the service conditions, including appointment, promotion, reservations etc of judicial officers of the District / Subordinate Courts are concern of the respective State Governments.
This information was given by Dr. M.Veerappa Moily, Minister of Law and Justice in the Rajya Sabha in a written reply.
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It is absolutely inevitable to provide for proportionate representations in every sphere e.g.,judiciary, politics, army/navy/air force, research or any other services. But it must not be by way of reservation merely on the basis of birth in a particular caste/community/religion,etc., The Governments of the day must be held liable and accountable to provide required quality education to, and upbringing of, the downtrodden/economically and historically backward communities, so as to equip them with necessary capabilities to successfully compete to occupy any position in any field.