Advocates Association Bengaluru flags lack of OBC representation in Karnataka High Court judge appointments

The Advocates’ Association, Bengaluru (AAB) has written to the Chief Justice of the Karnataka High Court raising concerns over the absence of lawyers from Other Backward Classes (OBCs), particularly those classified as BCM-A (Most Backward Classes- Category A), in the recent proposals for appointment of judges to the Karnataka High Court..In a letter dated January 28, addressed to Chief Justice Vibhu Bakhru, the AAB pointed out that none of the ten recommendations from the Bar quota (High Court judges appointed directly from among practicing lawyers) belong to the OBC or BCM-A categories.“The bar notes with deep anxiety that in the recent proposals of elevation of Judges from Karnataka from the 2/3rd’s bar quota there is no opportunity given to lawyers from the other or most educationally, economically and backward classes,” the letter said.The Association has requested that two more candidates be recommended under the Bar quota from the OBC and BCM-A categories to ensure fair representation..It drew attention to the current level of representation in the High Court. According to the letter, the Karnataka High Court has a sanctioned strength of 38 judges, of whom only 2-3 judges belong to OBC or BCM-A categories, excluding judges transferred from other States.This amounts to about 5-7 per cent representation, even though OBCs make up more than 25 per cent of Karnataka’s population, the letter highlights..The letter described the situation as a case of “gross under-representation” and said it raises serious constitutional concerns. “Under the constitution of India equal representation to OBCs is a non-compromisable mandate under Article 15 and 16," the AAB's letter stated..Addressing the appointment process, the Association clarified that the shortfall cannot be addressed by increasing appointments from the district judge quota. “The bar quota operates by equal representation to all sections and District Judges quota operates by seniority being a major consideration. Thus, the two cannot be equated," the letter explained. .The Association has also expressed surprise that the High Court Collegium could not find 2 suitable candidates from the OBC category. "We are also surprised that the collegium could not get two highly competitive candidates from the OBС category from amongst the huge talent pool available amongst lawyers in this category," reads the letter.It added that trying to make up for this through the judges’ quota would unfairly deny OBC lawyers the chance to be elevated from the Bar.Emphasising the judiciary’s role in enforcing constitutional equality, the letter noted that the same standards must apply to judicial appointments..The letter was signed by AAB President Vivek Subba Reddy, HV Praveen Gowda (General Secretary), Girish Kumar CS (Vice President) and Shwetha Ravishankar (Treasurer) ..[Read Letter].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.