There are differences across states: for example, in UP, all civil disputes first go to the Munsif, whereas in Delhi all disputes over Rs 20 lakh go to the High Court but the rest all to the lower courts. Apart from being the first port of call for litigants, lower courts are where the bulk of litigation goes on — the Standing Committee of Home Affairs had estimated that about 80% of all pending matters are being heard in these district and subordinate courts.

The overall figure of merely 7.8% Muslim employees in this crucial area in the 12 high-Muslim population states surveyed at this level is a problem, admit experts. Says jurist Fali Nariman; “It is not just in multi-cultural democracies like ours that people feel the need to be represented adequately. Even in Australia, with far less diversity than India, for many years, people of Western Australia felt totally neglected as they had no representation in their highest Court. The judiciary at all levels in India caters to the administrative needs of the entire nation, which includes several religions and ethnic groups. Therefore, the judiciary should be reflective of a broader spectrum of experience, and at all levels.”

Even in Jammu and Kashmir, with the highest Muslim population share (66.97%), the Muslim share in the judiciary is just 48.3%.Andhra Pradesh has a unique record: Muslims there make up 12.4% of the judiciary as compared with their population share of of 9.2% — a higher than proportionate representation, unmatched by any other state.

... contd.