What is the All India Judicial Service?
All India Judicial Service (AIJS) is a proposed judicial service in India which aims at creating a centralized cadre of District Judges. The creation of an AIJS will mean transferring the recruitment and appointment powers of these judges, from the High Courts and state governments, to a centralized system, as exists for otherAll India Services.
Constitutional Provisions relating to All India Judicial Service:
- Under Article 312 of the Indian Constitution, the Rajya Sabha can pass a resolution supported by at least 2/3 of the members present and voting for the creation of new All India Service. Presently, the IAS and IPS are deemed to be All India Services
- The Judges of the Supreme Court and High Court are appointed by the President. Whereas, under Article 233 and 234, the Judges at the district court and lower subordinate courts are appointed by the Governor in consultation with the concerned high court and State Public Service Commission.
- Approval of the state Governments is not needed for the creation of AIJS.
Pros of All India Judicial Service:
- Timely Recruitment: AIJS will allow a huge number of judges to fill those vacancies in the lower judiciary through an all-India test. Applicants could be posted in states where more judges are needed on being selected through AIJS.
- Better Efficiency of Courts: The pendency and issue of delay of cases would be done away with timely recruitment of judges to lower judiciary at the district courts and subordinate courts through AIJS.
- Improvement in Efficiency of Judicial Administration: The AIJS would attract the best talent in the country and hence it would be able to maintain high standards of Judicial administration.
- No more Nepotism: The issue of corruption, nepotism etc which we notice in almost every selection process as of now, may decline. AIJS will lead to appointment of quality judges, who are experienced and have studied all sorts of cases and public faith in the judiciary will be restored.
- Promote National Integration: AIJS will lead to appointment of the best talent from other states in states with poor resources.
- Representation of Marginalized section:By following the reservation system in the recruitment, the underrepresented communities get represented in the judiciary.
Cons of All India Judicial Service:
- Language Barrier: Appointing a judge to a place, where he has no knowledge of the language will lead to inefficiency of justice.
- Demoralize the State Judicial Service Officers:Once the AIJS is established, the district Judges would be directly appointed and hence it would reduce the promotional avenues for the state judicial officers.
- Goes against the Federalism:If the exams for judges are conducted by UPSC, then we are taking away the powers of the state governors, high courts and state public service commission which disturbs the federal system of government.
- Funding: Implementing AIJS would require huge funds in terms of salary and infrastructure.
- Unequal Representation of States: Presently, in case of All India Services, there is a lack of uniform representation among states and there exists domination of officers from certain states such as UP, Bihar, TN, AP etc.
- Partial Reservation:While in some states reservations are given to women, the Central Government does not provide reservations to women.The OBC’s of some states does not fall under the OBC category of the centre.
Impact on Students:
- Prospect of a lucrative career will draw meritorious students into the judicial service another reason as well.
- It will attract competent law students to judiciary who currently do not like to go for state judicial services due to the hassles involved in it.
- Today the subordinate judiciary depends entirely on state recruitment. But as the state judicial services are not attractive, law students do not join the services.
- AIJS would ensure that judicial side and the civil side are on the same ranks so that law graduates don’t dump judiciary in favour of Civil Services.
- AIJS will bring to judiciary a promising section of young bright law students who otherwise may prefer private employment or job elsewhere.
- Thiswill greatly improve the quality of candidates and officers and would bring in uniformity giving greater legitimacy to the judicial services in the eyes of people and better administration of justice.
Response from the High Courts:
At least nine High Courts have opposed the idea while only two have so far openly supported it. Eight High Courts have suggested changes in reforms. A couple of High Courts have not even bothered to respond.
Response from the Supreme Court:
A three-judge Bench headed by Chief Justice of India JS Khehar came out in strong support of such a test.