What is AIJS : An ALL-INDIA JUDICIAL SERVICE, if created , is a cadre of judges who can be appointed at the districts courts level across the country.

Background :

• Article 233 a first speaks about AIJS, that lays down principle for appointments to Judicial services at district level.
• AIJS was proposed by the 14th Report of the Law Commission of India in 1958 with a aim of creating a centralised cadre of District Judges that would draw better talent.
• The Constitution (Fourty-second Amendment) Act 1976 inserted an “All-India Judicial Services” provision into Article 312 that lays down the legal ground for creation of All-India Services
• The Law Commissions in its several reports had suggested the creation of the service.
• Proposal floated by the government in the year 2012, but the draft bill was abandoned due to opposition from High Courts, claiming violation of their rights.
• At present, various high courts and state service commissions hold exams to recruit judicial officers.
• NITI Aayog, in its report, ‘Strategy for New India@75’, also mooted the creation of an All India Judicial Service (AIJS) for making appointments to the lower judiciary.

Why is it required:

• Standardise process of appointments to lower judiciary.
• Create a carder of dedicated, professional judicial officers.

Arguments in favour of AIJS

• Efficiency and efficacy of judiciary would be increased.
• Transparent and efficient method of recruitment would be followed.
• The issue of pendency and issue of delay of cases would be solved to a great extent.
• Corruption, nepotism etc. would be strongly dealt with.
• Best legal talent across the country would be selected on the basis of merit.
• Better qualified judges in the lower judiciary would translate into more experienced judges in the higher judiciary.
• Public faith in the judiciary would be restored.

Arguments against AIJS

• Issue of differences in local laws of each state.
• Local languages and dialects would pose problems in a hyper technical field such as law.
• May lead to conflict between Centre & State as the power to recruit judicial officers so far rests with the states.
• Legal Education in India is mismanaged. Except for a few well reputed law schools across the country, legal education is not prioritised.
• It will be difficult for the less privileged to enter the profession.
• Currently, the judges of subordinate courts are appointed by the governor in consultation with the High Court which will not be so if AIJS is implemented. This may be construed as a violation of the Independence of Judiciary as some other body will have a control in appointments.
• There is no substantial improvement in the existing efficacy of the procedure for filling the vacancy in the judiciary.