The Supreme Court has amended its recruitment rules to include reservations for OBCs, PwDs, ex-servicemen, and dependents of freedom fighters, aligning its staff appointments with central affirmative action norms.

Reform under Article 146(2) of the Constitution: A Milestone in Institutional Affirmative Action

Constitutional Backing and Legal Authority

• Amendment Power under Article 146(2):
  • Article 146(2) empowers the Chief Justice of India (CJI) to make appointments and frame service conditions for officers and servants of the Supreme Court.
  • The amendment was made to Rule 4A of the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules, 1961.

Nature and Scope of the Reform

• Inclusion of New Reservation Categories:
• The amendment mandates reservations for SCs, STs, OBCs, Persons with Disabilities (PwDs), Ex-servicemen, and Dependents of Freedom Fighters in direct recruitment to non-judicial posts.
• It specifies that such reservation shall be in accordance with Central Government rules, subject to modifications by the CJI.
• Introduction of Roster System:
  • A 200-point roster system has been adopted, following the precedent set in K. Sabharwal v. State of Punjab (1995) to ensure equitable and rotational distribution of reserved posts.

Historical Context and Delay in Implementation

• Delayed Adoption of OBC Quota:
  • The Supreme Court had upheld 27% reservation for OBCs in Indira Sawhney v. Union of India (1992).
  • Despite being the validating authority of OBC reservation in public employment, the apex court itself took over three decades to adopt the same in its own administrative machinery.

Significance of the Reform

• Institutional Alignment with Affirmative Action:
  • The move ensures the Supreme Court’s internal recruitment policies reflect constitutional commitments to social justice.
  • Senior Advocate and Rajya Sabha MP P. Wilson termed the reform a “historic step” toward aligning judicial institutions with national equity mandates.
• Symbolic Importance:
  • The reform comes under the tenure of Chief Justice B.R. Gavai, the second Dalit Chief Justice of India—making the move symbolically resonant and institutionally progressive.

Way Forward

• Codification and Transparency: The Supreme Court should codify reservation policies and recruitment procedures to ensure transparency and accountability in implementation.
• Periodic Review Mechanism: A standing committee may be constituted to monitor compliance and ensure continuous updating based on changes in central government policies.
• Judicial Inclusivity Beyond Staff: Broader reforms are needed to enhance representation of marginalised communities in judicial appointments, law clerkships, and judicial internships.
• Capacity Building: Special training programmes for candidates from reserved categories should be introduced to ensure equity in performance and career progression.