india

Updated: Feb 15, 2019 22:56 IST

In a move that could increase the representation of Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Class (OBC) candidates in the higher judiciary, the Supreme Court collegium has relaxed the income norm for candidates from these communities recommended for appointment as high court judges.

“The Collegium considers it appropriate to relax the income criterion to a reasonable extent in cases where such recommendees belong to categories of SC/ST/OBC or represent Government in their capacity as Standing /Panel Counsel before the Courts,” the collegium said in a February 15 resolution, clearing the appointment of 10 advocates as judges of the Allahabad high court.

This is for the first time that the three-member collegium that appoints high court judges has made concessions for candidates belonging to reserved categories. The collegium comprises Chief Justice of India Ranjan Gogoi, justice AK Sikri and justice SA Bobde.

SC/ST and OBC candidates get reservations in appointments as judicial officers. No concessions have been made in the case of appointment of judges to the high courts or the Supreme Court.

Supreme Court senior advocate Sanjay Hegde welcomed the collegium’s, move saying: “SC/ST sometimes have a tough time making it in the profession because their clients are unlikely to be rich. But courts need diversity and relaxing of income norm.”

Some months ago, the Supreme Court collegium rejected a recommendation for the appointment of five advocates as judges of the Orissa high court.

Returning the names of the five advocates, the collegium comprising the top three judges of the Supreme Court said the candidates did not have the minimum “annual professional income” required to become judges.

“Besides the income criteria, the Supreme court Collegium takes into account the age, academic attainments, standing and experience, ability to deal with complex legal problems, grasping capacity, judicial potential and other abilities before confirming the candidates as judges,” said Supreme Court advocate Viplav Sharma.

The Supreme Court collegium recently also started the practice of personal interaction with potential candidates before clearing the names of advocates to be elevated as judges.

Although there is no fixed income parameter for elevation of an advocate to the position of a judge, it is unofficially fixed at around ₹10 lakh per annum, but again differs from high court to high court.

“It is generally expected that an advocate who is recommended for elevation needs to at least have an annual income of ₹10 lakh and he is expected to submit professional income for the last five years – gross and taxable – while submitting his application for consideration as a judge,” said an official in the justice department of the law ministry, who did not wish to be named.