Topic – Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments
5) Evaluate whether the All India judicial service is an idea whose time has come?(250 words)
Why this question
The article examines the policy suggestion of Niti Ayog of having all India judicial service and gives its view. This debate has often cropped up and this article would enable you to prepare points on things that are faulty with such a proposal.
Key demand of the question
The question expects us to discuss the suggestion of Niti Ayog regarding creation of all India judicial service, highlight it’s pros and cons and give our view on whether or not the time for this idea has come.
Evaluate – When you are asked to evaluate, you have to pass a sound judgement about the truth of the given statement in the question or the topic based on evidences. You have to appraise the worth of the statement in question. There is scope for forming a personal opinion here.
Structure of the answer
Introduction – Explain that the vision document titled ‘Strategy for New India @ 75’, released by the NITI Aayog in December last, amongst other things, proposes a spate of judicial reforms. The think-tank has come out batting for the creation of an All India Judicial Service, akin to the other central services like the IAS and the IPS
- Explain the genesis of the idea – the constitutional provisions regarding AIJS. Explain that 14th Report on Reform of Judicial Administration — alluded to the need for creating a separate all-India service for judicial officers. This report favoured an AIJS to ensure that subordinate court judges are paid salaries and given perks at parity with government bureaucrats, thereby incentivising the option of the state judiciary as a viable career prospect
- Examine issues with the policy proposal of Niti Ayog
- AIJS is being proposed as a panacea to cure the chronic vacancy crisis plaguing the Indian subordinate judiciary. Given the limited extent to which the Constitution only permits the appointments of district judges to such a prospective AIJS, it will not magically remedy this crisis. At best, what an all India service potentially offers is a more streamlined and regularised recruitment process for the limited number of vacancies for district judges in the country.
- second concern is the much wider composition of the AIJS proposed by NITI Aayog, than what is permissible under Article 312. The top government think-tank has rather ambitiously pitched an omnibus service to covering entry level civil judges, prosecutors and legal advisers to comprise the service. Such a sweeping mandate would require considerable amendments to the Constitution, especially with respect to the appointments process for the lower subordinate judiciary etc
Conclusion – give your view on whether the proposal needs to be given merit and discuss way forward.