[Reader-list] A Supreme Court Judge on caste in judiciary

Anuj Bhuwania anujbhuwania at gmail.com
Wed Apr 25 21:34:59 IST 2007


Sorry, the earlier link I had sent did not work. Its now available at:
http://www.altlawforum.org/Resources/judicial_nineties/pandian.rtf

Anuj

On 4/25/07, Anuj Bhuwania <anujbhuwania at gmail.com> wrote:
> Hi,
>
> In the context of the breathtaking arrogance displayed by Justice
> Arijit Passayat of the Supreme Court in refusing to reconsider its
> erroneous order injuncting reservation for OBCs in Central educational
> institutions, and the rather different response from Chief Justice
> Balakrishnan yesterday, I think its high time we started discussing
> the caste character of the higher judiciary itself. Of course, broader
> social representation  is not necessarily a pancea for the "judicial
> emergency" that increasingly seems to prevail in India.
>
> To initiate a  discussion on this issue, I am giving a link below to an
> extract from an astonishing SC judgment, in the SCAORA case, the
> famous case where the SC gave itself the power to appoint judges of
> the higher judiciary in India.  The extract is  a separate concurring
> judgment filed by Justice Ratnavel Pandian. Pandian cited data
> regarding SC/ST and OBC judges in the High Courts and the Supreme
> Court, and reproduced them in his judgement to make his point.  (By
> the way, J. Pandian is the same judge who gave the majority opinion
> upholding the constitutionality of TADA) . Apart from this, I am not
> aware
> of any recent data and this too is dated 1993, compiling the caste
> make-up of the higher judiciary in India.
>
> http://www.altlawforum.org/Resources/judicial_nineties/Pandian
>
> Anuj
>



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