All-India Judicial Services (AIJS)
Background of All India Judicial Service in India:
- The All India Judicial Service proposal was first initiated in the Chief justice Conference in1961.
- The 14th law commission mooted the idea of creating an All-Indian Judicial Service in 1958.
- Jagannath Shetty commission also recommended the All India Judicial Service
- In 1976, after the recommendation of the Swaran Singh committee, Article 312 of the constitution was amended by the 42nd constitutional amendment act, 1976, to include an all-India judicial service.
- The UPA government in 2012 drafted a bill for All India Judicial Service, but it was done away with opposition from the high court chief justices.
The need for All India Judicial Service:
- It would help in filling the vacancies in the approximately 5,000 jobs across the district and subordinate court.
- It is the need of the hour to increase the case clearing ratio in the subordinate and district courts by increasing the number of judges
- It helps in enriching the quality of justice. As the judicial academies give proper training and high courts provide the freedom with the identified parameters to innovate. So district judges' efficiency will increase, and this would reduce appeals arising from their decision.
- It will help in addressing the lacunas of the state mechanism. The present appointing system is often criticized for the delay, inefficiencies. Even in some cases, limited selections are challenged in litigations, but the whole recruitment will stall.
- It will attract the best talent from across the country to join the district and the Subordinate Judiciary.
- A unified judiciary with uniform laws and an all-India judiciary helps to institutionalize the idea of cooperative federalism.
- It would help in establishing cordial relations between the Lawyers and judge relation.
- It would help in establishing the transparent and efficient method of recruitment and helps in restoring public faith in the Judiciary
- Language barrier: - Upto the district court and session judge, the proceedings are conducted, and the judgments are written in the local language.
- The judges appointed through the All India Judicial service are not familiar with the language and the customs of the state and deciding such cases may affect the legitimacy of the judicial system in the eyes of the local population
- It will reduce the efficiency of the legal system.
- According to civil procedure code 1908 and code of criminal procedure, 1973, the proceedings of civil and criminal courts are to be conducted in a language prescribed by the state government.
- Even some high courts have a special exemption to conduct their proceedings in Hindi
- Some people argue that the creation of the All India Judicial service will disturb the federal structure.
- Independence of Judiciary: Currently, the autonomy of the district judge is guaranteed by the fact that the High court plays a significant role in the appointment, transfer, and removal of district judges.
- With the setting up of All India Judicial Service, this control would be weakened and thereby hampering the independence of the Judiciary
- Many people are also apprehending that it will reduce the promotional avenues of the members of the subordinate state judicial service.
- As per now, many of the communities that currently benefit from the state quotas may oppose the formation of the All-India Judicial service.
- A national exam may close down the doors from fewer privileged backgrounds from being able to enter the Judicial service
- A national exam may not end up taking into account the local laws, practices, and customs which vary from state to states
- Doing so may increase the costs of training of judges selected through the mechanism
- It may trigger conflicts between the centre and states
- Among all high courts, nine high courts are against the proposal and hence disapprove of the plan.
- There is a need to ensure that the appointment should be made transparently, without any interference from the central government and the state government.
- The report of the 116th Law commission recommends the formation of the National judicial service commission consisting of retiring and sitting judges of the supreme court, members of the bar and legal academies. Such steps should be taken
- All decisions should be made with the concurrence of the state and the high court to avoid conflict and to maintain the federal structure of the country.
- Training can be imparted, or cadre may be distributed to improve efficiency.
- The state government must investigate the reasons and the cause of the large vacancies in the poorly performing state
Facts for prelims:
- Article 312 authorizes the parliament to create new all-India services based on a Rajya Sabha resolution to that effect declaring that it is necessary to do so in the national interest
- Such resolution in the Rajya sabha should be passed with the 2/3rd of the members present and voting.
- The extraordinary power is given to Rajya sabha to protect the interest of states in the Indian federal system.
- The Governor makes the appointment, posting, and promotion of district judges of the state.
- He does so after consulting the high court of the state.
- Sardar Vallabh Bhai Patel was the chief protagonist of all India service in the constitution assembly and known as the father of all India service.
- The Governor, with the previous consent of the president, can authorize the use of Hindi or any other regional language of the state, in proceedings of the high court.
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