The Indian judiciary is the watchdog of democracy and the guardian of the constitution. The judiciary is that branch of the government that interprets the law, solves disputes, and provides justice to everyone.
All IndiaJudicialServices (AIJS) aims to ease the recruitment process for judges, especially at the levels of additional district judges and district judges across all states.
The evolution of the Indian judiciary is marked by its shift from religious prescriptions to the current constitutional and legal system. India has a legal history starting from the Vedic ages, and some civil laws might have existed during the Bronze Age and the Indus Valley civilization.
The need for reform in the recruitment process arises due to the need for more transparency in the names recommended by the Chief Justice for appointment. There are allegations regarding nepotism in the name of people recommended for appointment. Sometimes, even people who are part of public controversies are appointed district judges, and many talented junior judges and advocates are overlooked.
All India Judicial Services is a proposed centralized recruitment system for judges. It will help recruit district judges and review the selection process of judges/judicial officers at all levels. It will work along the lines of All India Services.
The objective of implementing All India Judicial Services is to strengthen the overall justice delivery system. It will allow fresh legal talents to be appointed as judges. It also facilitates the inclusion of marginalized sections and women in the judiciary. It also seeks to address issues like varying pay, faster vacancy filling, and standardized training programs.
Comparing state-level recruitment processes
Currently, the State Governments frame rules and regulations along with the High Courts regarding the members of the State Judicial Services. The recruitment, appointment, transfer, posting, and other service conditions of the judicial officers of the courts are all governed by the respective State Governments. The High Courts or the State Public Service Commission undertakes the recruitment process.
Importance of standardized criteria
Standardized criteria are essential to attract competent individuals. Conducting An India Examination will ensure a consistent and rigorous selection process. As the syllabus and other selection criteria are known in advance, aspirants can plan and prepare appropriately. This will attract many test takers, out of which the best will eventually be chosen.
Common issues in the current recruitment process
Several vacant seats for district judges are not filled due to the lack of qualified and deserving candidates. This is due to the lack of a regular examination system. In most states, examinations are held irregularly, and aspirants have no standard syllabus to prepare in advance.
Potential benefits of a centralized system
A centralized system for recruitment will ensure a regular pool of worthy candidates. The candidates will write a joint examination, namely DJURE, and be considered for selection in the states that satisfy the eligibility criteria.
Addressing regional imbalances
The current system of recruitment results in regional imbalances, and certain states face issues in attracting qualified candidates.
Ensuring a diverse judiciary
A joint examination would ensure mobility and equitable distribution of judges, enabling access to talented judicial officers in all states.
Accountability challenges in the current system
1. The constitutional provision that empowers the high court to have authority over subordinate judiciary hampers the independence of judges in the district courts.
2. The process of removal of judges through impeachment involves a lot of hurdles, and there is no other way.
3. The influence of politics in the judiciary affects the ability of judges to make transparent and fair decisions.
Importance of structured training programs
A structured training program would ensure that more judicial officers have a chance to be elevated to the High Court and Supreme Court. Most officers reach the district judge rank towards the end of their career.
Ensuring competence and readiness of appointed judges
All India Judicial Services would strengthen the selection process for judges, enabling younger, skilled legal professionals to be appointed to High Courts and the Supreme Court.
Addressing concerns of state governments
It is believed that establishing a centralized recruitment process would infringe on the principles of federalism. A uniform recruitment process might not address different states' traditions and requirements.
Ensuring judges are attuned to local needs
Judges must communicate in the local language of the state. It is feared that if All India Judicial Services is not implemented correctly, it will compromise this aspect as judges from other states would not be proficient in the local languages.
Consideration of unique legal and social contexts
A small language check could be conducted before or during the interview to ensure judges are attuned to local needs. There is a consideration of unique legal and social context which ensures judges are attuned to local needs and requirements.
Practical steps for setting up an effective AIJS
1. Constitution of a committee
Constitute a committee comprising legal experts, judiciary representatives, and civil society members to test the feasibility and modalities of implementing All India Judicial Services.
2. Conducting feasibility test
The committee conducted a detailed feasibility test to analyze the proposed system's legal, administrative, and financial aspects.
3. Consulting stakeholders
Stakeholders like state governments, high courts, and bar associations should be consulted to get their views and suggestions.
4. Drafting the bill
After consideration of the results of the feasibility study and the views of stakeholders, the committee should draft a bill for implementation. The bill could be introduced in parliament for discussion.
5. Capacity building
Training programs could be implemented for judicial officers and judges to equip them with the necessary skills to ensure they are fit for the centralized system.
6. Implementation
Once implemented, an effective monitoring system could be set up to ensure the system functions effectively and efficiently.
Implementation of All India Judicial Services has the potential to solve the prevailing issues in the Indian judiciary, like the problems of vacancies, continuing decline in qualified judicial officers, increased pendency of cases, and regional imbalances. It is important to consider challenges related to federalism, language diversity, and the need for an accountable and transparent system.
The establishment of All India Judicial Services would address the issue of regional representation and diversity by ensuring the representation of marginalized and deprived sections of the society within the judiciary.
All India Judicial Services would ensure transparency and fairness in recruitment and give deserving talents opportunities. Its establishments would enable the judiciary to attain new heights of excellence and competence.
No, All India Judicial Services has not been implemented in India. On December 7, Union Law Minister Arjun Ram Meghwal informed the Rajya Sabha, adding that there was a divergence of opinion among the State governments and the 25 High Courts.
All India Judicial Services significantly strengthens the justice delivery system, particularly at the district and subordinate court levels. It aims to select fresh legal talent through a proper all-India merit selection system.
All India Judicial Services has to face challenges like resistance from the state government, federalism concerns, and the inability of appointed judges to communicate in the local language.
Interested individuals can stay updated on the progress by reading newspapers daily.
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