Voices. Verdicts. Vision

Voices. Verdicts. Vision

Former Chief Justice Suresh Kumar Kait Slams Collegium for Failing Marginalised Communities, Calls for Judicial Reform

At a national convention organised by the Confederation of Dalit, OBC, Minority, and Adivasi (DOMA) Organisations in Bhopal, former Chief Justice of the Madhya Pradesh High Court, Justice Suresh Kumar Kait, delivered a strong critique of the Collegium system, calling it “dishonest” and structurally flawed. He argued that the system has consistently failed to ensure fair representation of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBCs) in the higher judiciary, and called for urgent institutional reform.

Justice Kait pointed out that across India, only around 15–16% of High Court judges belong to marginalised communities, despite these groups constituting a far larger proportion of the country’s population. He questioned how such a skewed representation could be justified in a democratic society and emphasised that unless the issue is openly addressed, the disparity will persist. He observed that while government employees often raise their voices for promotions, transfers, and performance reviews, judicial appointments remain largely unquestioned, despite their critical role in upholding constitutional values.

Reflecting on his own journey, Justice Kait shared that he was the first person from the SC/ST community to be appointed as a judge of the Delhi High Court from the Bar, and noted with concern that no similar appointment has been made since. He stressed that this lack of diversity within the judiciary is deeply troubling and highlights systemic exclusion, not a shortage of capable candidates. According to him, development and outward markers of success alone are not enough; meaningful participation of all communities must be ensured in the governance and justice systems, in proportion to their population share.

He further stated that where there are no reservations, there is rarely representation, and discrimination persists in subtle yet entrenched ways. While acknowledging the challenges he faced personally, he noted that those who choose to speak out or work for social causes often find themselves sidelined especially by those in positions of power. Despite that, he expressed pride in his work and in having remained committed to the cause of justice.

Justice Kait was particularly critical of the Madhya Pradesh High Court, highlighting that since its establishment in 1956, no judge from the SC/ST or OBC communities has ever been appointed either through the judicial service or from among advocates. This, he said, reflected not a lack of merit but a deliberate absence of mandated representation and accountability within the Collegium system.

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