Hindu Editorial Analysis : 11-September-2024

Recently, Chief Justice D Y Chandrachud advocated for the establishment of the All India Judicial Services (AIJS). This proposal aims to fill judicial vacancies quickly, ensuring timely disposal of cases and reducing the significant backlog in the Indian judicial system.

What is AIJS?

The All India Judicial Service is rooted in Article 312 of the Indian Constitution, which allows for its creation through a two-thirds majority resolution in the Council of States and a parliamentary law. The AIJS seeks to centralize the recruitment of judges at the additional district and district levels across all states. This central approach mirrors the system used by the Union Public Service Commission (UPSC) for civil services, ensuring that judges are recruited based on merit and then assigned to various states.

Arguments in Favor of AIJS

Fresh Talent
  • Strengthening Justice Delivery: A well-structured AIJS can enhance the overall justice system by attracting young lawyers.
  • Attractive Career Option: With a superannuation age of 60, the AIJS can appeal to fresh talent looking for a stable and respected career in law.
Social Inclusion
  • Representation: AIJS can provide opportunities for marginalized and deprived sections of society, ensuring diversity within the judiciary.
  • Inclusion of Women: This initiative may encourage more women and individuals from diverse backgrounds to join the judicial system.
Addressing Backlog
  • Pendency of Cases: As of earlier this year, there were 3.8 crore cases pending in the lower judiciary. This proposal is essential for reducing the backlog.
  • Improving Judge-to-Population Ratio: Currently, India has about 19 judges per 10 lakh people, far below the Law Commission’s recommendation of at least 50.

Challenges to Implementation

Concerns About Centralization
  • State Autonomy: States may resist giving up control over judicial appointments, fearing the dilution of their federal powers.
  • Structural Issues: Centralization does not address the existing problems within the lower judiciary.
Lack of Consensus
  • Diverse Opinions: Only two High Courts support AIJS, while 13 oppose it, highlighting the disagreement over eligibility, age, and selection criteria.
Language Barriers
  • Local Languages: Many cases are argued in regional languages, raising concerns about judges from one state handling cases in another.
Current System Advantages
  • Diversity and Local Understanding: The existing system allows for recruitment through High Courts and local commissions, fostering diversity and a better grasp of local legal issues.
Unattractiveness of Judicial Careers
  • Practical Experience Over Academics: Many lawyers prefer practical experience over the judicial service, often finding roles in litigation or corporate sectors more appealing.

Why In News

Recently, Chief Justice D Y Chandrachud advocated for implementing the All India Judicial Services (AIJS) to quickly fill judicial vacancies, thereby facilitating the swift disposal of cases and significantly reducing the backlog. This initiative aims not only to enhance the efficiency of the judiciary but also to attract fresh talent into the legal system.

MCQs about The Need for All India Judicial Services

  1. What is the primary goal of the All India Judicial Services (AIJS) as proposed by Chief Justice D Y Chandrachud?
    A. To increase the number of judges in the Supreme Court
    B. To centralize recruitment for district judges
    C. To improve the training of existing judges
    D. To eliminate all judicial vacancies
    Correct Answer: B. To centralize recruitment for district judges
    Explanation: The AIJS aims to streamline and centralize the recruitment process for judges at the additional district and district levels across all states, facilitating quicker filling of vacancies.
  2. Which article of the Indian Constitution provides for the creation of the All India Judicial Services?
    A. Article 21
    B. Article 312
    C. Article 14
    D. Article 50
    Correct Answer: B. Article 312
    Explanation: Article 312 of the Indian Constitution allows for the establishment of the AIJS, provided it is supported by a two-thirds majority resolution in the Council of States and a parliamentary law.
  3. What is one of the significant challenges to implementing the AIJS?
    A. Lack of interest from law students
    B. Concerns about language barriers in local courts
    C. Excessive funding for the judiciary
    D. Overwhelming public support
    Correct Answer: B. Concerns about language barriers in local courts
    Explanation: One of the challenges is that many cases in lower courts are argued in regional languages, leading to concerns about judges from one state handling cases in another where different languages are spoken.
  4. How does the current system of recruiting judges differ from the proposed AIJS?
    A. The current system is more expensive.
    B. The current system ensures diversity and local understanding.
    C. The current system requires fewer qualifications.
    D. The current system is faster and more efficient.
    Correct Answer: B. The current system ensures diversity and local understanding.
    Explanation: The current recruitment process through High Courts and local public service commissions allows for better representation of local conditions and diversity, which may not be as effectively achieved through a centralized system like the AIJS.

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