Published on: July 21, 2021
ALL INDIA JUDICIAL SERVICES(AIJS)
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.
- 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.