Topic: Structure, organization and functioning of the Executive and the Judiciary
Q3. “Judicial diversity strengthens both the legitimacy and quality of constitutional adjudication.” Discuss the challenges in achieving greater inclusiveness in the higher judiciary. (15 M)
Difficulty Level: Medium
Reference: NIE
Why the question
The recent passage of the Supreme Court (Number of Judges) Amendment Bill, 2026 has revived the debate on judicial diversity, inclusiveness and reforms in judicial appointments.Key Demand of the question
The question requires explaining how judicial diversity enhances the legitimacy and quality of constitutional adjudication, examining the challenges to achieving greater inclusiveness in the higher judiciary, and suggesting suitable reforms to strengthen diversity while preserving judicial independence.Structure of the Answer:
Introduction
Introduce the importance of judicial diversity in strengthening constitutional democracy and public confidence.Body
- Judicial diversity and constitutional adjudication: Explain how diversity improves legitimacy and quality of judicial decision-making.
- Challenges to inclusiveness: Discuss the institutional and structural barriers to achieving greater representation in the higher judiciary.
- Way forward: Suggest reforms to improve diversity, transparency and inclusiveness while safeguarding judicial independence.
Conclusion
Conclude with the need for a judiciary that is independent, representative and constitutionally responsive to strengthen the rule of law.
