Central Government on the pattern of Central Civil Services To re-establish India Judicial Service (AIJS) is preparing.
(What-is-the-proposed-All-India-Judicial-Service-(AIJS)?)
Indian Constitution and State System
What is the proposed All India Judicial Service (AIJS)?
Introduction:
- AIJS to recruit additional District Judges for all States and Judges at the level of District Judges There is an improvement to centralize.
- Once the UPSC conducts the central recruitment process and succeeds Allocates a cadre of candidates, as well as those of the lower judiciary Central Recruitment of Judges and Allocation of States Has to do.
Previous Proposals:
- AIJS's proposal was first made in 1958 by the 14th Law Commission Was made by the report.
- Standardized, Centralized for Recruitment and Training of Judges UPSC is the only legal or constitutional way to conduct an examination
- The organization was discussed. The Law Commission's 1978 report reiterated this view was suggested, only in cases in the lower courts Delays and arrears were discussed.
- In 2006, Karma Chari, Public Complaints, Law and Justice In its 15th report, the Parliamentary Standing Committee on He supported the idea of an All India Judicial Service and also drafted a bill.
The Attitude of the Supreme Court:
- In 1992, the Supreme Court of the Union of India directed the Center to set up AIJS against the All India Jazz Association.
- The ruling was reviewed in 1993, although the court left the center free to take the initiative.
- In 2017, the Supreme Court took Suomoto note of the issue of appointment of district judges and proposed a central selection system.
- Corte Justice Appointed (Friend of the Court) Appointed Senior Advocate Arvind Datar issued a concept note for all the states, in which it was recommended to conduct general examination instead of separate state examination.
- The High Court will appoint judges on the basis of merit list through interviews. The donor said it would neither change the constitutional structure nor affect the powers of the states or the high court.
Benefits of AIJS:
Skilled Judiciary:
- It will ensure an efficient secondary judiciary in the states to take into account the structural issues of individual pay and remuneration, fill vacancies quickly and ensure standard training in the states.
Ease of Doing Business:
- The government has set a target of improving the lower judiciary in an effort to improve India's Ease of Doing Business ranking, as efficient dispute resolution is one of the key indicators in ranking.
Appointment of Judges in Population Ratio:
- The Law Commission report (1987) recommends that there should be 50 judges per million population in India as against 10.50 judges.
- Now, in the sanctioned number of cases, the figure exceeds 20 judges, but it is nothing compared to 107 and 51 judges per million people in the US or UK, respectively.
High representation of marginalized sections of society:
- According to the government, AIJS is an ideal solution for equal representation of marginalized and disadvantaged sections of society.
Attracting a talented group:
- The government believes that if such a service is set up, it will help create a group of transgender people who may later become part of the higher judiciary.
Bottom-up approach:
- The bottom-up approach to recruitment will also address issues such as corruption in the lower judiciary and nepotism.
Criticism:
Encroachment of States:
- The centralized recruitment process is seen as against the spirit of federalism and an encroachment on the powers of the states as provided by the constitution.
It will not ignore 'state-specific':
- Many states argue that the central recruitment process will not address the state-specific concerns that exist in individual states.
- For example, language and funding are major concerns in this regard.
- Judicial functions are conducted in native languages, which may be influenced by central recruitment.
Adverse to 'local reserve':
- In addition, the system could adversely affect caste-based reserves and rural candidates or linguistic minorities in the state.
Against the principle of 'division of powers':
- It is also being opposed on the basis of the constitutional concept of division of powers. Central hearings will empower the executive in the appointment of district judges and may weaken the high courts in the process.
Ignore structural issues:
- The formation of the All India Judicial Service (AIJS) will not take into account the structural issues facing the lower judiciary.
- In the case of the 1993 All India Judges Association, the issue of different pay scales and remuneration has been taken up by the Supreme Court by bringing uniformity among the states.
- Experts argue that raising salaries at all levels and ensuring that a section of high court judges are selected from the lower judiciary may be a better option than a central examination to attract quality copy.
Current method of appointment:
- Articles 233 and 234 of the Constitution of India deal with the appointment of District Judges and placing the subject in the purview of the States.
- This selection process is carried out by the State Public Service Commissions and the respective High Courts, as the High Court’s exercise their jurisdiction over the secondary judiciary in the State.
- Panels of High Court judges interview the candidates after examination and select them for appointment.
- All judges up to the district judge level of the lower judiciary are selected through the Provincial Civil Services (Judicial) Examination.
Constitutional provisions for change
- Article 312 (1) of the 42nd Amendment to the Constitution was amended in 1976, giving Parliament the power to legislate for the creation of one or more All India Services, including the All India Judicial Service. The same is true for unions and states.
- Article 312 requires the Rajya Sabha to pass a resolution endorsed by at least two-thirds of its members. Parliament will then have to legislate for the creation of an All India judicial service.
- This means that no constitutional amendment will be required for the establishment of the All India Judicial Service.
What can happen next?
- It is necessary to establish a recruitment system keeping in view the number of pending cases which is capable of recruiting a large number of skilled judges for speedy disposal of cases.
- However, before legalizing the All India Judicial Service, there is a need to build consensus and take decisive steps in this direction.
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