Reservation in Higher Judiciary: An Unwarranted Narrative

Judiciary as guardian of rights has been trapped into controversy that demands a reservation in the higher judicial services and therefore the current paper in a very perceptible and noticeable manner denies the contention supporting providing caste-based reservation in higher judicial services. Several authors have earlier denied and stood against the idea of reservation as a tool for the affirmative action but the legislative desire going oppositely formulated a policy of caste-based reservation system in various organs of government. Judiciary even being one organ of government bears dissimilar attribute and nature that justified the shift to a non-reservation regime in higher judicial services. In the present paper, author emphasises on the reservation policy that itself attested as a controversial move in the apex court linking to which an arena of judgments are present screening several views of the judges affirming disregard toward the reservation policy of government. The policy of reservation proved to be so atrocious and terrible in the name of social justice that the Supreme Court of country acquired stringent stand to criticise and condoning the same furthermore suggesting to shift reservation criteria. The systematic reform in the appointment of higher judicial services remained heatedly flown on the floor of India democracy and needed a much debate for present but introduction for reservation footed on caste must not be the reformative measure crafting damage to judicial efficacy in place. Reservation reserves a negative impact on judicial efficiency as judiciary promotions are solely based on efficiency of a judicial officer in addition to keeping good character record, etc., and therefore reservation is not possible for an institution whose basic instinct lies in the need of efficiency of position. The paper scrutinises reservation in the judicial realm and provides some suggestive measures to keep warranted judicial efficacy on track forming balance among organs of government.