Ensure social diversity, social justice in appointment of judges: Stalin to PM, CJI

Stalin demanded that Tamil be declared the official language of the High Court of Judicature at Madras and its Bench at Madurai, in addition to English

Tamil Nadu Chief Minister M K Stalin on Thursday wrote to Prime Minister Narendra Modi and Chief Justice of India N V Ramana placing three demands, including maintaining “social diversity and social justice” in the appointment of judges to higher judiciary and declaring Tamil as the official language of the Madras High Court, in addition to English.

Stalin, in identical letters to Modi and justice Ramana, also demanded the establishment of permanent regional benches of the Supreme Court in Chennai, Kolkata and Mumbai, apart from the Constitution Bench in New Delhi. He also reminded the Chief Justice that the demands were placed before him when he was in Chennai last month to attend an event at the Madras High Court.

Stalin contended that the composition of the Supreme Court and High Courts should reflect the diverse and pluralistic society of the country. A broad-based, heterogeneous group of judges representing various sections of the society as a whole alone can reflect the views and values of society as a whole, particularly on issues involving historical, traditional, linguistic and cultural matters.

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“This is because they would provide wider perspectives since the group of Judges would naturally interpret and enforce the law based on their multi various backgrounds...I request your good selves to include the requirements to maintain social diversity and social justice in the appointment of High Court and Supreme Court Judges in the Memorandum of Procedure to appoint Judges and follow the same in true letter and spirit,” Stalin said.

Contending that the High Courts in Rajasthan, Madhya Pradesh, Uttar Pradesh and Bihar, have Hindi as the official language in addition to English, Stalin asked what is the impediment to making the official language of other States the official language of the High Court, in addition to English.

“In a function held on 23.04.2022 at the Madras High Court, where I had the privilege of sharing the dais with the Hon'ble Chief Justice, who had said in a lighter vein that judicial proceedings cannot be like chanting of mantras in a wedding that nobody understands. Yet, this has unfortunately become true in today's High Courts,” Stalin said.

He demanded that Tamil be declared the official language of the High Court of Judicature at Madras and its Bench at Madurai, in addition to English.

Article 32, Stalin flagged, is now practically available only to citizens who are geographically close to the Supreme Court and the financially privileged class to whom costs of litigation and travel does not matter.

“Such a situation is antithetical to the constitutional mandate under Article 39. Considering the fact that the Supreme Court is located at New Delhi (which is not equidistant to all parts of the country) and is far away from many States, particularly the Southern, South Western & Eastern States, the citizens in these States are deprived of their fundamental right to approach the Court,” he said.

Recalling the debates in the Constituent Assembly that recognised that the Supreme Court would need to have branches in other parts of the country as the nation grows, Stalin referred to various reports of the Law Commission that reiterated the need for permanent regional benches.

“I request you to take appropriate steps to establish Permanent Regional Benches of the Supreme Court in New Delhi, Chennai, Kolkata and Mumbai, apart from the Constitution Bench in New Delhi, so that the citizens in other parts of this vast country have equal access to the Supreme Court,” Stalin said.