Kushwaha in favour of caste census, attacks Collegium system in judiciary as non-inclusive

Upendra Kushwaha.
| Photo Credit: ANI

Rajya Sabha MP Upendra Kushwaha on Tuesday (September 10, 2024) said he supported a “caste census” being undertaken as had been done by the Bihar government, while at the same time pointing out that the Collegium system for appointing judges prevented the inclusion of backward communities in appointments to the higher judiciary.

“I will raise it (the issue of caste census), if required,” Mr. Kushwaha said, addressing a press conference in New Delhi after he was sworn in as a Rajya Sabha member. “The caste census has been done by the Bihar government, when the BJP (Bharatiya Janata Party) too supported the exercise,” he said.

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Mr. Kushwaha, as leader of the Rashtriya Lok Morcha, was recently elected to the Rajya Sabha with the support of National Democratic Alliance (NDA) parties — the BJP and the Janata Dal-United (JD-U) — from Bihar. He added that he would be raising what he termed a “lack of democracy in the judiciary” as an MP.

Mr. Kushwaha, founder of the Rashtriya Lok Samata Party and MP from Karakat, had served as a Minister in Prime Minister Narendra Modi’s government between 2014-18.

“There is no democracy in judiciary and that is unfortunate. We are a democracy but it’s an irony that one of the biggest institutions, the judiciary, does not have a democratic system for appointing judges,” he said. “Usually people who are well-connected get appointed as judges. Those from the Dalit and backward sectors rarely become a judge,” he added.

Mr. Kushwaha also referred to the National Judicial Appointments Commission Act that was struck down by the Supreme Court.

Asked about the recent controversy around the apex court’s observations on the sub-categorisation of Scheduled Castes, he disagreed with the concept of a creamy layer. “There should be sub-categories, but the concept of the creamy layer should not be there. Even among OBCs (Other Backward Classes), the concept of creamy layer is not right,” Mr. Kushwaha said.