Topic– Structure, organization and functioning of the Executive and the Judiciary
3) A centralised judicial recruitment process will help in solving the problems in the lower judiciary. Comment.(250 words)
Why this question
The NITI aayog has recently put forward the idea of a centralised recruitment for judicial posts under the aegis of UPSC. The idea has been mooted as a solution to several problems faced by the lower judiciary in India. It is therefore important to look into the issue and bring out its credibility.
Comment- here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.
Key demand of the question.
The question wants us to express our knowledge and understanding of the issue and form an opinion as to how/ how not the centralised judicial recruitment process will help in solving the problems in the lower judiciary. Your opinion has to be based on a proper discussion and presentation of valid arguments and facts.
Structure of the answer
Introduction– Write a few introductory lines about the problems faced by lower judiciary. E.g delayed justice, high number of vacancies, less use of technology and mention that a central judicial recruitment process under the UPSC is aimed at solving the vacancy problem and that it will lead to a better represented lower judiciary etc.
DIscuss about the issue in detail so as to form an opinion thereupon. E.g The argument that the creation of the AIJS and a centralised recruitment process will help the lower judicial services is based on the assumption that the current federal structure, that vests the recruitment and appointment for the lower judiciary in the hands of State Governors, High Courts and State Public Service Commissions, is broken and inefficient. On facts, however, this assumption does not hold up; Going by the latest figures published by the Supreme Court in its publication Court News, many States like Maharashtra and West Bengal are doing a very efficient job when it comes to recruiting lower court judges; the problem of vacancies is not uniform across different States. The solution is to pressure poorly performing States into performing more efficiently; several States already provide for reservations in their lower judicial service etc.
Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.