[Answered] Discuss the pros and cons of creating an All-India Judicial Service (AIJS) in the context of diversifying the judiciary and ensuring merit-based selection.

Introduction: What is AIJS?

Body: Highlight the pros and cons of AIJS

Conclusion: Way forward

Recently, the President emphasized the creation of All India All-India Judicial Service (AIJS) to diversify India’s social fabric in the context of the judiciary. Article 312 of the Constitution, as amended by the 42nd Amendment, provides for the creation of an AIJS, and requires a resolution adopted by the Council of States with a two-thirds majority, and a parliamentary law.

Pros of creating AIJS

  • Merit-based Selection: AIJS can provide a uniform, merit-based hiring procedure for entry-level court jobs throughout the nation. This would make it easier to nominate judges based more on their legal expertise and knowledge than on geographical or political factors.
  • Geographic Diversity: By hiring judges from different states, AIJS may contribute to a more diverse judiciary by improving the representation of various communities and areas.
  • Gender and Social Diversity: By enacting inclusive policies and supporting candidates from a variety of backgrounds, centralized recruiting may offer a chance to redress gender and social inequalities in the judiciary.
  • Recruiting Process Simplified: Compared to the present decentralized approach, a centralized recruitment process may be quicker and more effective. To ensure that justice is delivered on time, it can shorten the time it takes to fill judicial vacancies.

Cons of creating AIJS

  • Lack of Local Knowledge: Judges hired through AIJS may not be as knowledgeable about the regional dialects, customs, or state-specific legal issues, which could have an impact on the standard of justice provided.
  • Federalism Concerns: State governments may oppose the recruitment process’s centralization, claiming that it violates state autonomy and federalism principles.
  • Administrative Complexities: Implementing and overseeing a national centralized hiring process may present administrative difficulties, such as coordinating with state governments, handling logistics, and requiring a strong infrastructure.
  • Possibility of Elitism: Candidates from elite legal schools and large cities may benefit from centralized recruiting, which could limit chances for people from less fortunate homes and smaller communities.

Conclusion

A careful balance must be struck while establishing an All-India Judicial Service between the advantages of efficiency, diversity, and standardization and the possible disadvantages of bureaucratic obstacles, the risk of centralization, and an awareness of the local environment. To guarantee that judges are selected based on merit and that the independence and diversity of the judiciary are maintained, policymakers must carefully weigh these issues.

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