All India Judicial Services
This topic remains in news frequently. For example, check the following news headlines
- 2018 : NITI Aayog in its Report ‘Strategy for New India @75’ mooted the idea of All India Judicial Services (AIJS)
- 2017 : Prime Minister has asked to review the possibility of recruiting judges through an All India Judicial Service (AIJS).
- Original constitution didn’t provide for the creation of an All India Judicial Services => first suggested in Chief Justices’ Conference in 1961.
- After Swaran Singh Committee’s recommendations in 1976, 42nd Amendment provided for an All India Judicial Services.
- Law Commission of India (LCI) in its 14th Report recommended the creation of All India Judicial Services.
- Under this
- District Judges will be recruited centrally through an All India Examination
- They will then be allocated to each State on the lines of All India Services
Lower court judges are recruited by competitive exams conducted by State Public Service Commissions which are inefficient & lack objectivity by themselves & are marred by corruption , nepotism & influence peddling .
Arguments in favour of All India Judicial Services
- Shortage of Judges : Existing system has led to shortage of judges. There are always 20 % vacancies in the courts.
- In present system , Talent not attracted leading to low quality Subordinate Judiciary
- It will provide lot of highly professional judges to be selected for High Court and Supreme Court .
- Law Commission & Supreme Court Rulings & Committees recommended this
- Law Commission of India (LCI) .
- Chief Justices Conference
- Supreme Court Case => All India Judges Association vs Union of India recommended that an All India Judicial Services should be set up
- Swaran Singh Committee Report
- NITI Aayog in its Report ‘Strategy for New India @75’
- Good example of other All India Services working well (eg : IAS, IPS etc)
- Creation of highly professional Judiciary of All India Character
- France has this type of Judicial System and it works with great efficiency
Arguments against All India Judicial Services
Some states and High Courts have opposed its creation on the following grounds
- Lack of knowledge of regional languages would affect judicial efficiency
- This would lead to an erosion of the control of the high courts over the subordinate judiciary
- Against Federalism and will lead to excessive Centralisation
- In SC, ST & OBC quota too, regional lowly represented groups in particular states will get marginalised . It is possible that even in North Eastern States, all the ST candidates from other state can get selected
- Avenues for promotion would be curtailed for those who had already entered through the state services;
Without a push from the judiciary, the All India Judicial Services will never come to fruition. The Prime Minister and the Supreme Court are in favour of All India Judicial Services. There is no time better than now to start doing something about these problems.
- Why not set up high quality institutions in every state to train fresh recruits before they start hearing cases