The Indian Judicial system is a complex framework which encompasses aspects such as the All India Judicial Services (AIJS), the Union Public Service Commission, and numerous initiatives designed to improve the judiciary. Recently, an interesting development in this arena captured public attention when the President of India endorsed AIJS, highlighting its potential to enhance diversity within the judicial system.
All about All India Judicial Service (AIJS)
The concept of AIJS is not new—it was first proposed in Law Commission reports back in 1958 and 1978 and then revisited in 2006 by the Parliamentary Standing Committee. The idea behind AIJS was to create a centralized recruitment system for judges at the level of additional district judges and district judges across all states, akin to the Union Public Service Commission (UPSC) model. Successful candidates would be assigned to states, allowing for diversity in representation.
This system was designed to address structural issues like varying pay scales, high vacancy rates, and lack of standardized training across the country. According to Article 312 of the Constitution, the establishment of AIJS could be initiated by resolution of the Rajya Sabha, supported by at least two-thirds of its members.
The Need for AIJS
As of now, there are around 5,400 vacant positions in lower judiciary across the country, largely due to delays in conducting regular exams by states. AIJS is expected to streamline the recruitment process, reducing vacancies, and ensuring uniformity in selection and training. It could also facilitate better representation from various regions, genders, castes, and communities, reflecting the social composition of the country.
Furthermore, AIJS would reduce the scope for judicial or executive intervention in appointments, thereby ensuring the independence and accountability of judges. It would also create a pool of talented and experienced judges who could eventually advance to higher judiciary roles.
Current Status of AIJS
Despite its potential advantages, AIJS remains a debated and unimplemented initiative as of 2023. Diverging opinions among major stakeholders have made it challenging to reach a consensus for its establishment.
Placement and Recruitment of District Judges Current Scenario
Presently, the appointment of district judges is governed by Articles 233 and 234, which grant states the authority over recruitment. These appointments are managed through State Public Service Commissions and High Courts, with panels of High Court judges selecting candidates for appointment after examination.
Concerns Regarding AIJS
While the proposed benefits of AIJS seem promising, concerns have been raised, particularly around potential infringement on the federal structure and autonomy of states and high courts. Opposition stems from fears that it would create conflicts of interest, as judges would be accountable to both central and state governments.
The Way Forward
Addressing these concerns and building support for AIJS requires facilitated dialogues and consultations with states, high courts, and legal experts. Pilot implementations of AIJS in select states could help assess its impact and gradually address concerns. The design of AIJS should include flexible mechanisms allowing adaptation to local laws, languages, and customs. A well-defined transition period and periodic review mechanism will also be necessary.
UPSC Civil Services Examination
For those preparing for the UPSC Civil Services Examination, understanding the intricacies of the Indian judiciary system is crucial. One such question from a previous year’s prelims examined various aspects of the Supreme Court of India.
