On AIJS – A non-starter

Source: The post on AIJS has been created on the article “A non-starter” published in “The Hindu” on 29th November 2023.

UPSC Syllabus Topic: GS Paper 2 Indian Polity – Structure, organization and functioning of the Judiciary.

News: This article discusses the various issues associated with the formation of the All-India Judicial Service (AIJS).

Recently, President Droupadi Murmu suggested the creation of an All-India Judicial Service (AIJS) which will help diversify the judiciary by allowing bright youngsters from varied backgrounds to become judges through a merit-based process.

What is the AIJS?

Article 312 of the Constitution, as amended by the 42nd Amendment Act in 1976, provides for the creation of an AIJS. It requires a resolution adopted by the Council of States with two-thirds majority of present and voting, and a parliamentary law.

Under AIJS, district judges will get recruited centrally through an all-India examination and allocated to each State along the lines of the All India Services.

It is well argued that it will ensure a transparent and efficient method of recruitment to attract the best talent in India’s legal profession.

What is the need for the AIJS?

Huge vacancy of judges and delay in recruitment: Currently there is a 21% vacancy across all levels of courts in the country and a pendency of more than 5 crore cases, primarily due to inordinate delay in holding regular exams by states.

Declining quality of judicial officers: The ever-continuing decline in their quality will delay delivery of justice, increase pendency of cases, impair quality of judgments, and in turn affect the competence of higher judiciary as well.

Subjectivity in the process: Current judicial appointments at the lower level and upper levels have been criticised for subjectivity, corruption and nepotism, making a neutral and impartial system of recruitment imperative.

What are the issues with AIJS?

A national system of recruitment at the district judge level may have the following issues according to the author:

1) Lack of consensus: As the Union Law Minister disclosed last year in the Rajya Sabha, there is no consensus on the proposal. Only 2 High Courts agreed to the idea, while 13 were against it.

2) Current system ensures diversity: The current system of recruitment of district judges through the respective State High Courts is more conducive to ensuring diversity, as there is scope for reservation based on caste, and even for rural candidates or linguistic minorities in the state.

3) Issues related to expertise: Judges need to be well-versed in the issues involved for judicial functioning and the local practices and conditions of the State. For example, as judicial business is conducted in regional languages, it could be affected by central recruitment.

4) Affront to federalism: It is viewed as an encroachment on the powers of states granted by the Constitution and it is unlikely that all States will agree to this subject becoming centralised.

5) May not attract the best talent: This is due to the following:
a. Other preferences available: Lawyers typically consider judicial service based on practical experience rather than academic brilliance. Options such as litigation, joining law firms and going into the corporate sector appear more beneficial to some students of good institutions.
b. Lack of certainty in career progression: Given that the number of district judges elevated to the High Courts is much lower than those from the Bar, the lack of certainty on career progression may also render a national judicial service unattractive.

Question for practice:

The All India Judicial Service is the need of the hour to ensure smooth justice delivery in India. Discuss.