Published on: November 5, 2021
ALL INDIA JUDICIAL SERVICE
ALL INDIA JUDICIAL SERVICE
tantalizingly The central government is preparing to give a fresh push to the establishment of an All India Judicial Service (AIJS) on the lines of the central civil services.
- Push to centralise the recruitment of judges
- At the level of additional district judges and district judges for all states.
- In the same way that the Union Public Service Commission conducts a central recruitment process and assigns successful candidates to cadres, judges of the lower judiciary are proposed to be recruited centrally and assigned to states.
- Was first mooted in the Law Commission’s 1958 ‘Report on Reforms on Judicial Administration’(again in 1978)
- Ensure an efficient subordinate judiciary, to address structural issues such as varying pay and remuneration across states, to fill vacancies faster, and to ensure standard training across states.
How are district judges currently recruited
- According to Articles 233 and 234
- The selection process is conducted by the State Public Service Commissions and the concerned High Court, since High Courts exercise jurisdiction over the subordinate judiciary in the state.
- Panels of High Court judges interview candidates after the exam and select them for appointment.
- All judges of the lower judiciary up to the level of district judge are selected through the Provincial Civil Services (Judicial) exam. PCS(J) is commonly referred to as the judicial services exam.
JUDICIARY ON AIJS
- In 1992, the Supreme Court in All India Judges’ Assn. (1) v. Union of India directed the Centre to set up an AIJS. In a 1993 review of the judgment, however, the court left the Centre at liberty to take the initiative on the issue
- In 2017, the Supreme Court took suo motu cognizance of the issue of appointment of district judges, and mooted a “Central Selection Mechanism”.
OPPOSITION TO THE AIJS
- Affront to federalism and an encroachment on the powers of states granted by the Constitution.
- Language and representation, for example, are key concerns highlighted by states. Judicial business is conducted in regional languages, which could be affected by central recruitment.
- Also, reservations based on caste, and even for rural candidates or linguistic minorities in the state, could be diluted in a central test, it has been argued.
- A central test could give the executive a foot in the door for the appointment of district judges, and dilute the say that High Courts have in the process.
- Creation of AIJS will not address the structural issues plaguing the lower judiciary.
- The issue of different scales of pay and remuneration has been addressed by the Supreme Court in the 1993 All India Judges Association case by bringing in uniformity across states.