Date : 2/12/2023

Relevance: GS Paper 2- Polity- Judiciary

Keywords: Article 312, Judge-to-Population Ratio, Law Commission , State Public Service Commissions

Context-

• The recent proposal by the President of India to establish an All-India Judicial Service (AIJS) has sparked a significant debate on the restructuring of the judicial recruitment process. This ambitious reform aims to centralize the recruitment of judges at the level of additional district judges and district judges across all states.
• The proposal is rooted in constitutional amendments, particularly Article 312, which requires a two-thirds majority resolution from the Council of States and the enactment of a parliamentary law.

Current Judicial Recruitment Landscape

• The existing framework for appointing district judges is delineated in Articles 233 and 234 of the Indian Constitution, placing this responsibility within the purview of the states.
• State Public Service Commissions and the respective High Courts conduct the selection process, with the latter holding jurisdiction over the subordinate judiciary in the state.
• The Provincial Civil Services (Judicial) exam, commonly known as the judicial services exam, serves as the primary mechanism for selecting judges up to the district judge level

Significance of All-India Judicial Service (AIJS)

Fresh Talent and Strengthening Justice Delivery

• A properly framed AIJS holds immense importance in fortifying the overall justice delivery system. By establishing a national service not inferior to the post of district judges, with a retirement age of 60, it becomes an enticing opportunity for young lawyers.
• This centralized recruitment approach promises to bring in fresh, qualified legal talent through an all-India merit selection system.

Representation for Marginalized Sections

• One of the crucial aspects of AIJS is its potential to address social inclusion issues by ensuring adequate representation for marginalized and deprived sections of society.
• The recruitment process could become a vehicle for the inclusion of competent individuals from marginalized sections and women, fostering diversity within the judiciary.

Addressing Case Backlog

• India faces a staggering backlog of cases, with the lower judiciary accounting for the bulk of over 4.4 crore pending cases.
• The introduction of AIJS is seen as a strategic move to expedite the filling of judicial vacancies, thereby contributing to the reduction of case pendency.

Judge-to-Population Ratio

• Despite recommendations from the Law Commission suggesting a judge-to-population ratio of at least 50 per 10 lakh people, India currently has only about 19 judges per 10 lakh population.
• AIJS is proposed as a solution to swiftly fill vacancies and enhance the recruitment process for the lower judiciary.

Challenges in Implementing AIJS

Concerns of Centralization

• The proposed AIJS requires superseding rules governing the subordinate judiciary in states with a central law.
• However, concerns about the dilution of the federal structure and the proposal's failure to address structural issues within the lower judiciary have been raised. States may be hesitant to cede authority on this matter to centralization.

Lack of Consensus

• Achieving a consensus on the AIJS proposal has proven challenging. While only two High Courts have expressed agreement, 13 have opposed the idea.
• Divergence of views on eligibility criteria, age limits, selection criteria, qualifications, and reservation policies further complicates the consensus-building process.

Language Barrier

• The language in which cases are argued in lower courts has been a source of apprehension.
• Questions arise regarding how a judge from one region, particularly from the north, can effectively preside over hearings in a southern state where the local language prevails.

Advantages of the Current System

• Critics argue that the existing system, where district judges are recruited through High Courts and other subordinate judicial officers through public service commissions, is more conducive to ensuring diversity.
• The current system allows for both reservation policies and a nuanced understanding of local practices and conditions.

Unattractive Career Option

• There are concerns that AIJS may not be an attractive career option for prospective judges.
• Unlike the civil service, where toppers from elite institutions are incentivized to participate, the lack of certainty on career progression within the judiciary might dissuade top legal talent from pursuing a national judicial service.

The Way Ahead for AIJS

Designing an Effective AIJS

The proposal for AIJS holds promise as a solution to judicial vacancies, lack of representation for the marginalized, and challenges in attracting the best candidates. However, to fulfill its potential, AIJS needs to be meticulously designed, addressing the identified shortcomings and emerging as a powerful tool for addressing judicial vacancies.

Recruitment in Large Numbers

The effectiveness of AIJS lies in its ability to recruit judges in significant numbers, akin to other civil services like IAS, IPS, and IFS. This approach ensures a robust judiciary capable of handling the mounting caseload and contributing to a more efficient justice delivery system.

Consensus Building and State Participation

To overcome challenges related to centralization concerns, it is imperative to engage in a dialogue with states and build consensus. The apprehensions of states regarding the encroachment on their domain must be addressed, and a collaborative approach should be adopted for the successful implementation of AIJS.

Language and Regional Considerations

Addressing the language barrier requires thoughtful consideration. Specialized training programs, language proficiency requirements, and regional allocation strategies can be devised to ensure that judges appointed through AIJS can effectively navigate linguistic challenges and preside over cases in diverse regions.

Preserving Diversity

Preserving the advantages of the current system, which allows for local nuances and diversity in the judiciary, should be a priority. AIJS should be designed to accommodate reservation policies and ensure representation from all sections of society, thereby fostering an inclusive judicial system.

Career Attractiveness

To make AIJS an attractive career option, efforts should be made to communicate the benefits and potential career progression within the judicial services. Addressing concerns related to uncertainty and emphasizing the societal impact of serving in the judiciary can enhance the appeal of AIJS to top legal talent.

Conclusion

In conclusion, the establishment of an All-India Judicial Service holds significant potential for addressing the pressing issues within the Indian judiciary. While challenges related to centralization, consensus-building, language barriers, and career attractiveness exist, a well-designed AIJS has the capacity to transform the recruitment process, bring in fresh talent, and contribute to the reduction of case backlog. The careful consideration of regional factors, diversity preservation, and collaborative efforts with states are crucial elements in ensuring the success of AIJS. As India seeks to strengthen its judicial system, the implementation of AIJS emerges as a pivotal step towards a more efficient and inclusive justice delivery mechanism.

Source- The Hindu