Senior Advocate and Rajya Sabha Member of Parliament P Wilson has written to Union Law Minister Kiren Rijiju, requesting diversity to be added as a necessary factor in the Memorandum of Procedure (MOP) It is still to be sketched out for the appointment of judges to the higher courts. Wilson emphasised in a letter dated August 14, 2021 that a representative judiciary is critical to maintaining social justice. Wilson has expressed his worry over troubling trends in the makeup of the Supreme Court of India and the High Courts, citing a decrease in representation from all parts of society.
"The people of this country are concerned that a small, homogeneous group of Judges from a single social class cannot necessarily reflect the views and values of the entire society, particularly on issues involving diverse, linguistic, cultural, and generational issues, because they would necessitate more perspectives, as Judges would interpret and enforce law based on their own backgrounds." A more varied judiciary is important since the risks of injustice are substantially enhanced without one. He goes on to say that a lack of diversity in judge selections might lead to affinity bias in courtroom decisions. He goes on to say that a small pool of judges might mean that "we just aren't using the existing pool of talent." In light of this, Wilson has suggested that while drafting a MoP for the appointment of judges to the Supreme Court and High Courts, procedures be made to account for diversity.
He has stated that the MoP between the Union government and the Supreme Court has yet to be resolved. An inclusive court would remain a distant ideal and an empty term consigned to speeches and text books unless actions were taken to make diversity an obligatory element in the nomination of justices, according to the letter. Wilson has already addressed this matter on the Rajya Sabha floor as well as in a letter to India's President. Former Law Minister RS Prasad had previously stated that the Central government had urged that the interests of varied representation be taken into account when it came to High Court selections.
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