Appointing a Scheduled Caste person as a High Court judge
When I was in the Collegium of the Allahabad High Court ( the body which recommends names for appointment of Judges of the High Court, and consists of the Chief Justice of the High Court and two senior-most judges ), one day the then Advocate General of UP came to meet me.
He said he had been sent by the Chief Minister, Ms. Mayawati, who wanted a senior District Judge of UP, who belonged to the Scheduled Castes, to be recommended for judgeship of the High Court.
I told him to tell the Chief Minister that that District Judge was known to be highly corrupt. If he was appointed a High Court judge, not only would the Court and the public suffer, but it would bring disgrace to the entire Scheduled Caste community, as then the upper castes would get a handle to say that all Scheduled Caste people are corrupt ( which of course is untrue, as there are honest and dishonest people in all castes and communities ).
I said that I am myself sympathetic to the Scheduled Castes as I know how badly they had been treated, and would like to promote them. I then said he should find out some young Scheduled Caste lawyer in the High Court, or even in some district court, who was known for his high integrity, and I would get him appointed as a judge in the High Court. Being young he could later even be elevated as a judge of the Supreme Court, whereas district judges are only appointed as High Court judges when they are 57 or 58, so they have little chance of reaching the Supreme Court, and would retire at 62 as a High Court judge.
However, I told the Advocate General, I would make my personal enquirIra through my sources, and only if satisfied that he was honest would get him recommended.
Thereafter the Advocate never came back to me on this issue.
(Justice Markandey Katju’s FB post with courtesy)
(Justice Markandey Katju is former Chairman, Press Council of India and former Judge, Supreme Court of India.)
Appointing a Scheduled Caste person as a High Court judge
When I was in the Collegium of the Allahabad High Court ( the…Posted by Markandey Katju on Friday, March 26, 2021