Dalit Underrepresentation and why Dalit Voices Are Missing in India's Supreme Courts?

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Dalit Underrepresentation and why Dalit Voices Are Missing in India's Supreme Courts?
Dalit Underrepresentation and why Dalit Voices Are Missing in India's Supreme Courts?

New Delhi : The underrepresentation of Dalits in the Indian Supreme Court judiciary underscores a broader issue of caste-based exclusion in governance and public life. Despite constituting nearly 16-17% of India's population, Dalits have had minimal representation in the highest court since its inception in 1950.

Since the establishment of the Supreme Court, only a handful of Dalit judges have been appointed. The absence of proportional representation in the judiciary raises concerns about systemic bias, reflecting deeper structural barriers that hinder marginalized communities from accessing top positions in the legal profession.

One of the key reasons behind this disparity is the opaque Collegium system, where judges appoint judges. Critics argue that this process is dominated by upper-caste individuals and lacks transparency, making it difficult for Dalits to break through.

Additionally, limited access to quality legal education and professional networks further restricts opportunities for Dalits to rise within the judiciary. The legal profession, especially at higher levels, has traditionally been an exclusive space for privileged communities, creating hurdles for those from marginalized backgrounds.

While caste-based reservations exist in education and government jobs, the judiciary remains an exception. There is no formal policy ensuring representation for Dalits in the Supreme Court or High Courts, allowing the dominance of privileged communities to persist without checks or affirmative action measures.

The lack of diversity in the Supreme Court has implications beyond representation—it affects the way cases involving marginalized communities are perceived and judged. Issues like caste-based violence, discrimination, and social justice often fail to receive the nuanced and empathetic consideration they deserve due to the absence of judges with lived experiences of caste oppression.

Legal experts and activists have long advocated for reforms in the judicial appointment process to make it more inclusive. Suggestions include making the Collegium system more transparent and introducing mechanisms to ensure diverse representation.

Dalit organizations and leaders have also intensified calls for better representation, emphasizing the need for mentorship programs, scholarships, and training initiatives to empower Dalit law professionals and create pathways for them to reach the higher judiciary.

The Road Ahead

The exclusion of Dalits from the highest levels of the judiciary remains a significant challenge for India's democratic and social justice framework. Addressing this imbalance requires systemic reforms, increased advocacy, and proactive measures to dismantle caste-based barriers in the legal profession. Without meaningful change, the judiciary risks remaining an institution that does not fully represent the diversity of the nation it serves.