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B.K.GUPTA... (ADVISOR)     22 July 2012

Indian judicial service

After SIXTY FIVE Years of independence now the GOVERNMENT as it is reported by  Times Of India appears to be sincerely considering appointment to the Judiciary through INDIAN JUDICIAL SERVICE:

" Aiming to infuse young talents to higher judiciary, the government has prepared a Cabinet note to introduce the Indian Judicial Service (IJS) — an all-India service on the lines of the Indian Administrative Service (IAS) and Indian Police Service (IPS). The proposal is likely to be brought before the Union Cabinet next week for its approval.

Sources said the Cabinet note has been prepared by the law ministry and it could be placed before the Cabinet in the next few days, which paves way for selection of candidates on the basis on an all-India exam akin to civil services. The new recruits will be posted as district judges and would have a well-defined career progression to higher courts"



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 16 Replies

B.K.GUPTA... (ADVISOR)     22 July 2012

Central Government Act
Article 312 in The Constitution Of India 1949
312. All India Services
(1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services (including an all India judicial service) common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service
(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article
(3) The all India judicial service referred to in clause ( 1 ) shall not include any post inferior to that of a district judge as defined in article 236
(4) The law providing for the creation of the all India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368

Nina Rakheja (unhappily married)     22 July 2012

Sir, when the recent  Amendments in hindu marriage will Act be enacted?

esha chaudhury (lawyer)     10 August 2012

Sir..,Iam B.A.LLB student(2009)and came across to this enactment ..Its a provoking step for the upcoming law graduate youth and being a part of it i want to appear for this exam..may i have somre information on this if you feel please to advise me...

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B.K.GUPTA... (ADVISOR)     11 August 2012

Dear Esha

For the time being you should only pray that Govt., which as per reports has decided for putting up the bill which was being avoided for 65 years, despite constitutional provisions,gets nod from both the houses and presidential assent.

In the meanwhile you should prepare yourself for the exam if it happens to be.Do keep in mind that it would be,if not higher,equal to the standards of IAS exam as the selected person would be appointed directly to the post of the District & Sessions Judge.

B.K.GUPTA... (ADVISOR)     13 August 2012

 
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The government has proposed to create an All-India Judicial Service for appointments to the subordinate judiciary in the country.

The proposal aims to create the service on the line of lines of All-India civil services.
Sources in the law and justice ministry said that a proposal to this effect is currently being studied by a committee of secretaries. Once cleared by the committee, the proposal is soon likely to be brought before the Union Cabinet for its approval.

Sources stated that after clearance from the Cabinet, the Rajya Sabha has to pass a resolution before the proposal could come into effect.

However, it is understood that the proposal, which has been pending for the past several years, is still facing stiff resistance from several state governments.

It is believed that state governments have objected to the proposal of establishing an All-India Judicial Service for the subordinate judiciary. “Several state governments have said it was a move by the Centre to encroach on the powers of the states as appointment of judges to the subordinate judiciary are under the respective state governments’ purview,” sources stated.

Law ministry sources clarified that nothing would be done without proper consultation with state governments. “We will evolve a consensus on the issue and only then move forward on the issue,” sources said.

It was pointed out that the committee of secretaries has been mandated to specifically look into the objections raised by state governments. Sources stated that once these objections are cleared, the law ministry is likely to move a Cabinet note on the issue soon.

One measure being proposed is that the services operate under a commission which operates independently of the Central government on the lines of Union Public Service Commission.
The Centre is also in the process of implementing the demand for establishing a National Judicial Commission for judicial appointments to usher in more transparency into the process.

B.K.GUPTA... (ADVISOR)     20 August 2012

The committee of secretaries has recommended enhancing quota in recruitment to higher judiciary through the proposed Indian Judicial Service to 50% from the earlier proposal of 25%.

The panel has also suggested that the recruitment process be handled by the Union Public Service Commission as against the law ministry's proposal of setting up a National Judicial Service Commission (NJSC) for this purpose, with an extended mandate.

The proposed setting up of an all India Judicial Service to recruit for higher judiciary has been awaiting Cabinet approval. The matter was referred to the committee of secretaries by the law ministry to seek its opinion on the proposed quota and who would conduct the exam.

However, the law ministry is in favour of retaining 25% quota to avoid any confrontation with states or high courts, a senior official said.

The law ministry had proposed setting up of a National Judicial Service Commission to be headed by a retired Supreme Court judge and comprising members of the judiciary and one member from the government to avoid any interference in judicial appointments.

The extended mandate of the proposed NJSC was not merely recruitment to higher judiciary but advising the courts from time to time on code of conduct and promotion of judges.

The proposal to recruit through the Indian Judicial Service is intended to bring in young talent to higher judiciary. The service is proposed on the lines of Indian Administrative Service and Indian Police Service. It is likely to be brought before the Union Cabinet shortly.

The new recruits, once the service is introduced, will be posted as additional district judges and will have a well-defined career progression to higher courts.

This will also ensure that high courts and the Supreme Court will have younger judges who are promoted to higher judiciary at a much younger age compared to the present system where recruits join as magistrates and take at least 10 years to get to the post of district judge.

Introduction of the Indian Judicial Service has been in the works for close to four decades as many states had expressed unwillingness citing several reasons. Language barrier for judges coming from different linguistic backgrounds was cited as one of them. States also fear it will be an intrusion on their rights as most of them select members of subordinate judiciary.

 

bhaskar (partner)     21 August 2012

Hi sir,

Ur information is very helpful.

Kindly keep dis topic updated

I am a law graduate f 2010. it seems that states are not intersted in recruiting large no. of judges as they are announcing very fewvcancy and there is no prescibed date and schedule of examination,

I thnk I am badly stuck after chosing to prepare for it. what u say sir , Will govt implement dis commission n service in current year or shortly?

thanks.

 

 

B.K.GUPTA... (ADVISOR)     04 September 2012

Judiciary must improve its credibility : former CJI


The judiciary needs to look within and finds ways of improving its credibility in the eyes of the public so that it can attract academically brilliant youngsters to join the institution, a former Chief Justice of India said on Sunday.
Former CJI Justice JS Verma said that the debate on improvement of judiciary should focus on quality of judges rather than their quantity.

"If the head of country's judiciary soon after taking oath says that integrity is his only asset then he is clearly bothered about the public image of the institution he heads," Justice Verma told a gathering of former police officers. He was referring to the statement of CJI SH Kapadia, who had immediately after taking oath in May 2010, stated that the only asset he possessed was his integrity.

Justice Verma said efficient judges held the key to proper administration of justice for citizens of the country.

"If you have judges of good quality in lower judiciary, the headache of high courts and the Supreme Court would automatically reduce, but for that to happen, you need to attract good talent," the former CJI said.

"The failure of the judiciary and even the executive in convincing all the stakeholders for conducting a national-level exam to appoint judges  is a big example of self defeat," he said.

Sumit Sodhi (Trainer)     31 October 2012

Sir, Is it necessary to get registered with Bar Council as an advocate before giving the Judicial service exam? I have recently completed LLB and I am in a government job. I want to go for judicial services. My age is 25. 

I would really be thankful if you could help. Thanks in advance.

B.K.GUPTA... (ADVISOR)     31 October 2012

It could not be made compulsory to register with Bar Council to be eligible to appear for IJS,but,it appears that it would take quite some time as all  is not well with the bureaucracy/Government/Law Minister.

B.K.GUPTA... (ADVISOR)     06 April 2013

Now that Chief Justice of India Altamas Kabir and the UPA government have finally decided to hold the conference of chief ministers and chief justices of high courts this weekend, there is hope that some long-pending issues in the country's judicial and justice delivery system will be resolved. Originally meant to be an annual affair, the conference was last held in August 2009. Rather than discussing the need for judicial reforms, which has been brought up so many times that one has lost count, the higher judiciary and the government would do well to use this year's conference to take stock of what has been achieved since the last conference.
The law ministry is suggesting that the issue of an All India Judicial Service would be discussed at this meeting. But wasn't it discussed almost four years ago too? And what about making appointments to higher judiciary more transparent? Successive law ministers, including the current one, have announced plans to replace the collegium system with a more transparent one. But since this requires a constitutional amendment, the chances of this happening any time soon are remote, what with the government and opposition divided on the composition of the proposed National Judicial Appointments Commission.

Both the judiciary and the government repeatedly talk of increasing the strength of the subordinate judiciary. CJI Kabir is reportedly aiming at increasing the number of judges manning subordinate courts from the current 18,871 to 30,000-plus in the next five years. Earlier this year, Union Law Minister Ashwani Kumar had also asked all state governments to increase the strength of the subordinate judiciary. But what about first filling all vacant posts, both in the high courts and the lower courts? At last count, out of the sanctioned strength of 906 high court judges, a whopping 292 posts were vacant, that is, over 30 per cent. The picture is no different when it comes to lower courts. According to data for December 31, 2010, out of the sanctioned 17,151 posts in states and Union Territories, 3,170 were vacant.

At the last conference, the government and judiciary had also agreed to set up more morning/evening courts and also to reduce the states' financial burden to set up more gram nyayalayas. As of December 17, 2012, 168 gram nyayalayas were notified, while only 151 were operationalised. Five thousand gram nyayalayas had been planned in the 2008 Gram Nyayalayas Act.

About a year ago, the Supreme Court cleared the National Court Management System (NCMS), aimed at setting up a real-time system to keep a check on pendency and make the judicial system free of cases more than five years old, which would mean 26 per cent of all pending cases. Here is what the introduction to the action plan for the NCMS said: "It is manifest that many of the important recommendations made by the Law Commissions (on judicial reforms), from time to time, have not even been properly discussed, leave aside their implementation by the Government." The Supreme Court also acknowledged that many recommendations of the Law Commissions do not need to pass through legislative or executive channels and can be implemented straightaway by the judiciary. It also noted the urgent need to shorten the average life cycle of all cases, "not only time spent within each court, but also total time in the judicial system as a whole". It spoke of bringing the average down to "no more than about one year in each court". None of these issues has been dealt with effectively.

Jurists have said that courts should not grant adjournments at the drop of a hat, on flimsy excuses such as the lawyer who was supposed to appear in the matter had too much work on his hands. But this suggestion has not been taken seriously. Despite the infusion of hundreds of crores, the use of technology to track pendency remains minimal. Last year, the CJI had cleared the setting up of a National Framework of Court Excellence (NFCE), designed to put in place "measurable performance standards for Indian courts" by "addressing issues of quality, responsiveness and timeliness". There has been little progress on this front.

While it is a fact that India has one of the lowest judge-to-population ratios in the world, this statistic can no longer be an argument for the growing pendency of cases and the failure of our judicial system to deliver timely justice.

Also, while pitching for fast-track courts for certain kinds of offences, our policy-makers and judges should keep in mind what former CJI J S Verma has said on the subject: "Why fast-track courts for some offences? Shouldn't all litigants be assured fast-track decisions by the courts?"


maneesh.chhibber@expressindia.com
 

B.K.GUPTA... (ADVISOR)     09 April 2013

NEW DELHI: Law minister Ashwani Kumar on Sunday said the government's plan to introduce an All-India Judicial Service (IJS) for recruitment of judges for subordinate courts had the support of most states.

In fact, the question was first put to Chief Justice Altamas Kabir who said some states had reservations on the framework of the IJS. "Some states feel it can't be implemented... no final decision has been taken on this," he said referring to the discussion on the issue earlier in the day during the chief ministers and chief justices conference. The CJI said it was still a concept which needed further discussion.

At this point, the law minister interrupted the CJI and said there was "wide ranging support for the all-India Judicial Service". He, however, said some fine tuning needed to be done. "In principle, there is wide ranging consensus on the issue," Kumar said referring to the support he had received on the IJS matter from the CMs.

The law minister and the CJI were jointly addressing a press conference after a day-long meeting with CMs of at least 12 states and chief justices of 24 high courts and judges of the apex court at Vigyan Bhawan in the Capital. Law secretaries of most states were in attendance.

For fast tracking recruitment of judges for subordinate courts, the government is working with the states and the higher judiciary to push through the All-India Judicial Service on the lines of IAS and IPS to fill up largescale vacancies. An apex court committee has set a target of recruiting more than 18,000 judges in the next five years taking the total strength of the judiciary to 37,000.

On appointments to the higher judiciary Justice Kabir defended the collegium system saying they are made after "intense deliberations". He was responding to a question on the need to replace the present collegium system. "I don't know what this criticism is about, the way judges are being appointed. Great deal of deliberation goes into the choice of the name of the judge," he said.

The CJI also stressed on the need for dialogue between the executive and the judiciary for a harmonious relationship. He concurred with the view that judges should not make unnecessary comments against other constitutional authorities in open court. "There is no need to make unnecessary observations in open court," he said.

Justice Kabir referred to low conviction rates in courts and blamed shoddy investigation for the state of affairs. He said a criminal trial was dependent on proper investigation. Issues related to witness protection and amenities to be provided to witnesses were discussed at the meeting earlier in the day, he added.

Sunday's conclave agreed on setting up of a sub-committee nominated by the CJI on securing protection against incarceration. Several cases of petty crimes are keeping people as undertrial prisoners for long periods of time depriving them of their liberty.
 

B.K.GUPTA... (ADVISOR)     09 April 2013

Law Students!

It's the time to WAKE UP!

Raise your VOICE for Indian Judicial Service

It appears that persons/authorities are still interested in lingering on the issue whereas our Constitution has provision for selection through Indian Judicial Service


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