The proposition of creating an All-India Judicial Service (AIJS)

GS Paper 2

 Syllabus: Indian Judiciary/ Indian Constitution

Source: TH

 Context: The article discusses the proposition of creating an All-India Judicial Service (AIJS), a centralized recruitment system for judges at the additional district and district levels across Indian states.

• President Droupadi Murmu recently suggested that AIJS could help diversify the judiciary.

About All India Judicial Service (AIJS):

Feasibility of implementing the All-India Judicial Service (AIJS):

1. Uniform Standards: One of the primary advantages of AIJS is the establishment of uniform standards for the recruitment of judicial officers across states. This could ensure a consistent and merit-based selection process, enhancing the overall quality of the judiciary.
2. Addressing Judges to Population Ratio and Filling Vacancies: In 1987, a Law Commission report recommended a target of 50 judges per million populations for India, compared to the then 50 judges.
   1. While the current sanctioned strength has surpassed 20 judges, it remains significantly lower than the US (107) and the UK (51) per million people.
   2. AIJS would fill the vacancies of judges in the lower courts, addressing the present issue of around 5,400 vacant positions and a pendency of 2.78 crore cases in lower judiciary primarily due to delays in holding regular exams by states
3. Enhanced Accountability: With a centralized service, there could be greater accountability in terms of performance evaluation, training, and disciplinary actions. This can contribute to a more transparent and accountable judicial system.
4. Attracting talent pool: A centralised selection process under AIJS would facilitate attracting the best legal talent from across the country, through a rigorous examination-based system.
   1. Currently, many states lag on legal acumen and merit in appointments.
5. Increase Diversity: AIJS would increase the representation and diversity of judges from different regions, genders, castes, and communities, reflecting the social composition of the country
6. Prevents parochialism and political interference: By giving All India character, it prevents parochialism and political interference in appointments that currently take place under state-level control.
7. Bottoms-Up Approach: By adopting a bottom-up approach in recruitment, AIJS aims to tackle issues like corruption and nepotism in the lower judiciary. This approach is anticipated to enhance the quality of justice dispensation at the grassroots level.

Challenges of implementing the All-India Judicial Service (AIJS):

1. Diversity of Laws: India is a diverse country with different states having distinct languages, cultures, and legal traditions.
   1. Implementing AIJS may face resistance due to concerns about homogenizing the judiciary, potentially neglecting the nuanced understanding of local laws and customs.
2. Violates Basic Structure Doctrine: this expansive mandate would require significant constitutional amendments, potentially violating the basic structure doctrine and upsetting the current judicial federalism under Articles 233 and 234.
3. Language Barrier: Since cases in lower courts are argued in local languages, there have been apprehensions as to how a person from north India can hold hearings in a southern state.
   1. Thus, another fundamental concern regarding AIJS is the language barrier.
4. Administrative Challenges: Establishing a centralized recruitment system for the entire country involves significant administrative challenges.
   1. Coordination, infrastructure, and adapting to regional variations in caseloads and legal issues present formidable hurdles.
5. Political Opposition: As per Article 233, recruitment to subordinate judiciary is the prerogative of the State. The proposal for AIJS may face political opposition, especially if it is perceived as a centralizing move that encroaches upon the powers of state governments.
6. Reservations: Additionally, ensuring reservation for locally domiciled citizens poses legal and utility challenges, casting doubt on the effectiveness of AIJS as judicial reform.

Way forward:

1. Ensuring High Standards: Conducted by the UPSC, the All India Judicial Services examination aims to uphold “high standards” in the judiciary, aligning with the recruitment processes of other prestigious civil services.
2. Addressing Vacancy Causes: While AIJS is proposed as a solution for judicial vacancies, a more prudent approach involves investigating and understanding the underlying reasons for the high number of vacancies, especially in underperforming states.
3. Overcoming Administrative and Judicial Hurdles: AIJS faces resistance from administrative blocks and High Courts, despite the Supreme Court’s endorsement. To be effective, AIJS must be meticulously designed to address shortcomings and garner support from all stakeholders.
4. Urgency in Recruitment: To address the judiciary’s vacancy crisis, prompt recruitment through AIJS is essential. A substantial and timely influx of judges, akin to the recruitment model in IAS, IPS, and IFS, is crucial for an efficient judicial system.
5. Ensuring Meritocracy: Following selection, comprehensive training for Judicial Service officers is vital. A meritocratic judiciary is imperative, and achievable through a competitive recruitment process. The urgency for implementation cannot be overstated.

Conclusion

As of 2023, there is no consensus on AIJS due to diverging opinions among major stakeholders. A balanced approach considering pros and cons with a judicious structure can potentially make AIJS viable. But key, Centre-State consensus is the prerequisite before it transforms from idea to reality after almost fifty years of debate.

Insta Links:

 SANSAD TV: PERSPECTIVE- ALL INDIA JUDICIAL SERVICE

Mains Links

Critically examine the Supreme Court’s judgement on the ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (150 words)