CHANDIGARH: Daya Chaudhary phenomenon is making waves. So much so that the Union law ministry has been prodded to suggest larger representation for women on the Punjab and Haryana High Court’s hallowed Bench.

Talking to The Times of India, chief justice Vijender Jain said Union law minister HR Bhardwaj had written a letter to him recommending that more women and persons from backward classes be taken on the Bench.

“We have many competent woman lawyers and also judges in the subordinate judiciary. There are many suitable persons in the SC, ST and backward class community, who would be given a chance to serve on Bench,” Jain said, appreciating the law minister’s suggestion.

The letter assumes significance given the fact that there are only two woman judges in the high court, which has a working strength of 42. Incidentally, the sanctioned strength of judges in the high court was recently increased to 68 following Justice Jain’s efforts.

The law minister’s suggestion could not have come at a better time with women constituting a paltry 6.5% of the higher judiciary in the country. Earlier also, there have been suggestions and reminders from the Centre to various chief ministers and chief justices of high courts, but nothing substantial has come out of it, sources said.

The Centre has, from time to time, asked the authorities to locate persons from the Bar, belonging to Scheduled Castes, Scheduled Tribes, other backward classes, minorities and women, who are suitable for appointment as high court judges.

Even though Centre’s recommendations were laudable, but often they lack teeth as these are merely advisory in nature and not binding on the high courts and the Supreme Court, sources pointed out.

This is due to the fact that appointments of judges of the Supreme Court of India and high courts are governed by Articles 124 and 217 of the Constitution which do not provide for any “reservation.”

Also, after the Supreme Court judgments of October 6, 1993 and its advisory opinion of October 28, 1998, the entire process of initiation of the proposal for appointment of a judge of a Supreme Court lies with the Chief Justice of India and for appointment of a judge of high court, with the chief justice of the concerned high court.

Simply put, it means the ball is now in Justice Jain’s court. Welcoming the law minister’s initiative, he said he would take steps to ensure a wider and fairer representation on the high court Bench.

http://timesofindia.indiatimes.com/Chandigarh/Punjab_Get_more_woman_judg...