Editorial

Source – The Hindu

Introduction

Recently on India’s Constitution Day or Law Day, President suggested the establishment of an All-India Judicial Services (AIJS) to provide opportunities to young lawyers. President's recent proposal to establish an AIJS in pursuit of a more diversified judiciary is a testament to the ongoing discourse surrounding the optimal methods of recruiting judges.

Advocating for the infusion of bright and talented individuals from diverse backgrounds into the judicial system, the President’s suggestion hinges on the promise of a merit-based selection process. This proposal reignites a longstanding debate on the desirability and practicality of a national recruitment system at the district judge level.

What is All India Judicial Services?

• The concept has been a subject of discussion and debate in the legal and political circles in India for several years.
• The idea is to create a centralized recruitment process for judges, similar to the existing civil services, to ensure a uniform and high standard of judicial competence across the country.
• This proposal aims to address various challenges faced by the judiciary, including the issue of vacancies, regional imbalances, and the need for a more efficient and transparent recruitment system.

What are the Advantages of All India Judicial Services?

• Uniform Standards:
  • The AIJS would establish a standardized and uniform selection process for the appointment of judges.
  • This ensures that the judiciary maintains a consistent level of competence and expertise across the nation.
  • Candidates would be selected based on merit, eliminating regional disparities in the quality of judges.
• Efficiency in Recruitment:
  • A centralized recruitment process would streamline and expedite the appointment of judges.
  • Currently, the recruitment process varies from state to state, leading to delays and administrative complexities.
  • The AIJS would simplify the process, making it more efficient and transparent.
• Addressing Regional Imbalances:
  • The current system sometimes results in regional imbalances, with certain states facing challenges in attracting qualified candidates.
  • The AIJS would promote mobility and a more equitable distribution of judges, ensuring that all states have access to a pool of talented and experienced judicial officers.
• Reducing Vacancies:
  • By providing a systematic and centralized recruitment mechanism, the AIJS aims to reduce the longstanding issue of vacancies in the lower judiciary.
  • This, in turn, would contribute to the timely disposal of cases and enhance the overall efficiency of the judicial system.

What are the Challenges Before All India Judicial Services?

• Federalism Concerns:
  • Critics argue that the establishment of a centralized recruitment process for judges might infringe upon the principles of federalism.
  • The diverse legal traditions and requirements of different states may not be adequately addressed by a uniform selection process.
• Local Language Proficiency:
  • The ability to understand and communicate in the local language is crucial for judges dealing with cases at the grassroots level.
  • AIJS, if not implemented carefully, might compromise this aspect, as judges from other states may not be proficient in the local languages.
• Resistance from State Governments:
  • State governments currently have control over the recruitment of judges within their jurisdiction.
  • The proposed shift of this power to a centralized body might face resistance from some states concerned about losing autonomy in judicial appointments.

What is the Constitutional Provision for All India Judicial Services?

• Article 312 of the Constitution, modified by the 42^nd Amendment, introduces the provision for establishing an AIJS.
• The process mandates a two-thirds majority resolution by the Council of States and the enactment of a parliamentary law.
• Acknowledging the need for centralization, this constitutional amendment recognizes that state-level regulations for the subordinate judiciary must yield to a unified central law.
  • However, challenges arise as some states may resist relinquishing control over their judiciary to be centralized.
• The provision also mentioned that AIJS referred to in Article 312 shall not include any post inferior to that of a district judge.

What is the Current Scenario?

• Union Law Minister's revelation in the Rajya Sabha highlights a lack of consensus on the AIJS proposal.
  • Only two High Courts support it, while 13 oppose.
• The existing recruitment system for district judges and subordinate officers, managed by High Courts and public service commissions, ensures diversity through reservations and understanding of local conditions.
• Unlike civil service, judges lack lower bureaucracy support, emphasizing the need for their expertise in judicial decision-making.

Conclusion

The establishment of AIJS has the potential to address longstanding issues in the Indian judiciary, including the problem of vacancies and regional imbalances. However, it is important to resolve the challenges carefully, taking into consideration the principles of federalism, language diversity, and the need for a transparent and accountable system.