Hindu Editorial Analysis : 8-March-2024

The President of India has recently proposed the creation of an All-India Judicial Service (AIJS). This initiative aims to diversify the judiciary and improve the justice delivery system across the country.

What is the AIJS?

The All-India Judicial Service is a reform based on Article 312 of the Indian Constitution, which allows for a centralized recruitment system for judges. Here’s how it works:

  • Centralized Recruitment: Judges at the levels of additional district judges and district judges would be recruited centrally, similar to the Union Public Service Commission’s process for other civil services.
  • Legislative Support: To implement the AIJS, a resolution must be passed by the Council of States with a two-thirds majority, along with a parliamentary law.

Arguments in Favor of the AIJS

The AIJS has several potential benefits:

Fresh Talent
  • Attracting Young Lawyers: A well-structured AIJS can attract young lawyers who aspire to be judges.
  • Merit-based Selection: It promises a selection system based on all-India merit, allowing for qualified individuals to enter the judiciary.
Social Inclusion
  • Representation for Marginalized Groups: The AIJS aims to include competent individuals from marginalized sections of society and women, ensuring a more diverse judiciary.
Reducing Case Backlog
  • Addressing Pendency: With around 3.8 crore cases pending in lower courts, the AIJS could help speed up judicial processes and reduce delays.
Improving Judge-to-Population Ratio
  • Need for More Judges: Currently, India has about 19 judges per 10 lakh people, far below the Law Commission’s recommendation of 50. The AIJS could help fill this gap.

Challenges to the AIJS

Despite its potential benefits, there are significant challenges:

Centralization Concerns
  • State Autonomy: Many states may resist the idea of centralizing judicial recruitment, fearing a dilution of their federal powers.
Lack of Consensus
  • Divergent Opinions: There is no agreement among the states, with only two High Courts supporting the proposal while 13 oppose it. Disagreements exist over eligibility and selection criteria.
Language Barriers
  • Local Language Issues: Given that cases are often argued in local languages, concerns arise about judges from different regions effectively conducting trials in unfamiliar languages.
Benefits of the Current System
  • Local Understanding: The current recruitment system allows for better understanding of local practices and conditions, enhancing diversity.
  • Career Options: Many lawyers may prefer private sector roles, as judicial service might seem less appealing compared to opportunities in law firms or corporate jobs.

Why In News

The President of India recently suggested that the creation of an All-India Judicial Service (AIJS) will help diversify the judiciary, ensuring it reflects the rich tapestry of India’s social fabric and enhances access to justice for all citizens.

MCQs about The Proposal for an All-India Judicial Service (AIJS)

  1. What is the primary purpose of creating the All-India Judicial Service (AIJS)?
    A. To increase the number of judges in high courts
    B. To diversify the judiciary and improve justice delivery
    C. To centralize all legal practices
    D. To reduce the number of cases in the Supreme Court
    Correct Answer: B. To diversify the judiciary and improve justice delivery
    Explanation: The AIJS aims to diversify the judiciary and enhance the overall justice delivery system across India, making it more representative of the country’s social fabric.
  2. What requirement must be met for the establishment of the AIJS according to the Constitution?
    A. Approval from all state legislatures
    B. A resolution adopted by the Council of States with a two-thirds majority
    C. A presidential decree
    D. A public referendum
    Correct Answer: B. A resolution adopted by the Council of States with a two-thirds majority
    Explanation: The establishment of the AIJS requires a resolution adopted by the Council of States with a two-thirds majority, as outlined in Article 312 of the Constitution.
  3. Which of the following is a potential benefit of the AIJS?
    A. Increased salaries for judges
    B. Enhanced representation for marginalized groups
    C. Reduced educational requirements for judges
    D. Elimination of lower judiciary
    Correct Answer: B. Enhanced representation for marginalized groups
    Explanation: One of the key benefits of the AIJS is its potential to improve social inclusion by ensuring representation for marginalized groups and women in the judiciary.
  4. What is one of the major challenges facing the implementation of the AIJS?
    A. Lack of funding
    B. Concerns over centralization and state autonomy
    C. Excessive support from all states
    D. Overqualified candidates
    Correct Answer: B. Concerns over centralization and state autonomy
    Explanation: A significant challenge is the concern regarding centralization, as many states may resist the idea of having their judicial recruitment processes governed by a central law, fearing a loss of autonomy.

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