Member of the Rajya Sabha and Senior Advocate P Wilson has written to President Ram Nath Kovind registering concern that the High Courts of many States are not being adequately represented when it comes to the appointment of judges to the Supreme Court.
The letter highlighted that the Constitution of India as well as the Supreme Court, being the highest judicial organ in the country, is "as much federal as the other organs in the sense that it belongs equally to all States."
The Supreme Court must stand as a testament to the spirit of cooperative federalism that runs through the veins of the Constitution, Wilson said.
The Supreme Court should, therefore, necessarily be composed of adequate representatives from all States in proportion to the sanctioned strength of their respective High Courts, he added.
He further explained that such adequacy of representation assumes significance since the Supreme Court, as the final arbiter of disputes, is called on to decide on rights in rem, on disputes between two States, on disputes that impact culture, customs, languages etc.
Inadequate representation of States on the Bench of the Supreme Court is an affront to rights of the State and the people of the States, he has written. The letter also referred to the State-wise composition of the Supreme Court Bench while comparing the sanctioned strength of the High Courts from where the judges hail.
There is "no reasonable nexus between the sanctioned strength of the High Court and the representation on the Bench ofthe Supreme Court", Wilson's letter highlighted.
From the Madras High Court, there is only one judge presently serving in the Supreme Court, it was further noted.
"If we consider the case of the Madras High Court, a chartered High Court with an illustrious history, only one Judge from the Madras High Court is presently serving on the Bench of the Supreme Court of India," the letter said.
"If we consider the case of the Madras High Court, a chartered High Court with an illustrious history, only one judge is presently serving in Supreme Court." P Wilson
In this backdrop, Wilson urged the President to direct the Union government to take steps to ensure more social diversity in Supreme Court appointments, as well as to give adequate representation to all States and High Courts, based on their respective sanctioned strength.
"The Bench of the Supreme Court should not be homogenous but reflect the social diversity of this great nation. The time has come where we actively work to have a representative Union Judiciary with judges from all sections of society and gender. This should be in addition to the representation of all High Courts, based on their sanctioned strength," the letter stated.
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