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President wants reservation for SC judges

President Kocheril Raman Narayanan has noted that candidates belonging to the scheduled castes and tribes should be given "due consideration" while appointing judges to the Supreme Court.

Their "under-representation or non-representation would not be justifiable", he added.

The suggestion was contained in the President's noting on a file pertaining to the appointment of four Supreme Court judges on November 28 last year.

"It would be consonant with the constitutional principles and the nation's social objectives if persons belonging to the weaker sections of the society like the SC and ST, who comprise 25 per cent of the population, and women are given due consideration," he said.

Narayanan's noting was published in a newsmagazine. The President said that keeping vacancies unfilled is also not desirable, given the need for representation to different sections of society and the volume of work that the court handles.

In mid-November, the Chief Justice of India sent to Law Minister M Thambidurai a file containing four names -- Justices M B Shah, D P Mahapatra, Banerjee and R C Lahoti -- for appointment.

The department forwarded the names to the Intelligence Bureau for whetting and later sent the list to the prime minister for approval and to the President for his assent.

The President gave his assent with the suggestion for adequate representation for the weaker sections.

Chief Justice Adarsh Sein Anand, however, disagreed with the President's observation. "All eligible candidates, including the SC and ST, are considered while recommending names for appointment as Supreme Court judges," he said.

"Our Constitution envisages that merit alone is the criterion for all appointments to the Supreme Court and high courts. We are scrupulously adhering to these provisions," he added.

Thambidurai said, "I have brought to the notice of the chief justice the views of the President. The matter is now between them. The government has no role to play in this case."

UNI

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