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International Journal of
Law
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VOL. 10, ISSUE 6 (2024)
The intersection of meritocracy and exclusion: Exploring diversity obstacles in the higher judiciary in India, UK & USA
Authors
Dr. Shaji M
Abstract

The Indian higher judiciary is seen as a pillar of justice in the country’s system, responsible for interpreting laws upholding constitutional values and ensuring fair access to justice for all. While the idea of meritocracy guides the selection and progress of judges focusing on skills and knowledge as criteria for appointment and growth there are underlying complexities that maintain exclusionary practices and impede diversity in the judiciary. Although meritocracy is meant to be fair, it often operates within subjective frameworks especially in the appointment processes of the Indian higher judiciary. Unlike some democracies where judicial appointments are publicly scrutinized and overseen by parliament. India’s system largely remains shrouded from view controlled mainly by a few individuals within the executive and judiciary. This lack of transparency encourages discretion and favoritism allowing personal biases to influence decisions and undermining principles.

As a result, despite claims of adhering to meritocracy the Indian higher judiciary is mostly homogenous with individuals, from backgrounds being overrepresented on the bench. Women, minorities people from marginalized castes and individuals from lower socioeconomic backgrounds are still not well represented in the top levels of the legal system. This lack of representation does not affect how diverse the judiciary is but also raises concerns about how fair and effective it is in providing unbiased justice. The focus of this paper will be on understanding how appointment processes and institutional practices that prioritize merit can unintentionally lead to exclusion of the marginalized groups. Moreover, this research aims to bring attention to the steps and changes needed to create a more inclusive judicial system that mirrors the diverse makeup of Indian society.
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Pages:90-94
How to cite this article:
Dr. Shaji M "The intersection of meritocracy and exclusion: Exploring diversity obstacles in the higher judiciary in India, UK & USA". International Journal of Law, Vol 10, Issue 6, 2024, Pages 90-94
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