Hindu Editorial Analysis : 29-November-2023

President Droupadi Murmu’s proposition of establishing the All India Judicial Service (AIJS) to diversify the judiciary by recruiting bright talents from diverse backgrounds sparks a renewed debate on the feasibility and desirability of a national system for recruiting district judges.

All India Judicial Service (AIJS):

Overview: The AIJS is a proposed service, akin to IAS and IPS, designed to recruit and nurture talented individuals into the judicial service, ensuring representation from underrepresented social groups. Currently, district judge appointments are managed by states under Articles 233 and 234 of the Constitution.

Policy Background: The idea of AIJS has been under consideration in the Union government for years, but there is a lack of consensus. Only two High Courts support the proposal, while 13 oppose it.

Advantages and Need for AIJS:

Clearing Pendency and Backlog:

  • The lower judiciary faces a substantial backlog of 2.78 crore cases and approximately 5400 vacancies.

Financial Incentives:

  • State services struggle to attract top talent due to lower salaries.

Training and Subjectivity:

  • State-run institutions lack adequate training resources, and the current recruitment process is marred by subjectivity and nepotism.

Quality of Justice:

  • The declining quality of judicial officers necessitates a better mode of recruitment.

Other Advantages:

  • AIJS aims to enhance judicial efficiency, standardize compensation, expedite recruitment, and ensure uniform training.
Arguments Against AIJS:

Diversity and Local Understanding:

  • The existing system allows for both reservation and a clear understanding of local practices and conditions.

Judicial Functioning Challenges:

  • Unlike civil services, judges lack support from an experienced lower bureaucracy and need in-depth knowledge for effective decision-making.

Constitutional and Practical Hurdles:

  • Article 312 of the Constitution requires a two-thirds majority in the Council of States and parliamentary law for AIJS creation, posing significant constitutional challenges.

Attractiveness and Career Progression:

  • Lack of uniform legal education, uncertainty in career progression, and preferences for practical experience over academic brilliance make AIJS less attractive, especially to top-performing graduates.
Why In News

Good intentions do not always make for sound policy. President Droupadi Murmu’s suggestion that the creation of an All India Judicial Service (AIJS) will help diversify the judiciary by allowing bright youngsters from varied backgrounds to become judges through a merit-based process revives the debate on whether a national system of recruitment at the district judge level is not only desirable but also practically achievable.

MCQs about Assessing the Viability of the All India Judicial Service (AIJS)

  1. What is the primary purpose of the All India Judicial Service (AIJS)?
    A. To centralize control over the judiciary
    B. To expedite the recruitment process for district judges
    C. To ensure uniformity in legal education
    D. To provide financial incentives for judges
    Correct Answer: B. To expedite the recruitment process for district judges
    Explanation: The AIJS aims to streamline and expedite the recruitment of district judges at the national level.
  2. What constitutional amendment is required for the creation of the All India Judicial Service (AIJS)?
    A. 40th Constitutional Amendment
    B. 42nd Constitutional Amendment
    C. 44th Constitutional Amendment
    D. 46th Constitutional Amendment
    Correct Answer: B. 42nd Constitutional Amendment
    Explanation:The creation of AIJS is governed by Article 312 of the Constitution, amended by the 42nd Constitutional Amendment.
  3. What is a key concern raised against the AIJS ?
    A. Lack of financial incentives for judges
    B. Over-centralization of control
    C. Inadequate representation of diverse backgrounds
    D. Difficulty in implementing uniform legal education
    Correct Answer: B. Over-centralization of control
    Explanation: A national system of recruitment at the district judge level could lead to over-centralization.
  4. Why might top-performing graduates be hesitant to join the All India Judicial Service (AIJS)?
    A. Attractive financial incentives
    B. Uncertainty in career progression
    C. Abundant opportunities in the corporate sector
    D. Uniform legal education
    Correct Answer: B. Uncertainty in career progression
    Explanation: Th lack of certainty in career progression, making AIJS less attractive to top-performing graduates compared to other opportunities.

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