all-India-judicial-service

All India Judicial Service 

AIJS All India Judicial Service
Purpose 1.     An All-India Judicial Service should be established for a continuous supply of the judges at the district level.

2.     To promote federalism

Historical background 1.   1958: Law Commission proposed to establish an All-India Judicial Services.

2.   1961, 1963 & 1965: The Chief Justices conferences favored the creation of All-India Judicial Services

3.   1978: Law Commission recommended the AIJS again.

4.   1986: Law Commission in its 116th report suggested the creation of the AJS.

5.   1992: Supreme Court in the All-India Judges Association v. The Union of India directed the Union Government to take immediate measures for setting up the All-India Judicial Service.

6.   1997: Union Government submitted a status report on constituting All-India Judicial Service in the Apex Court.

7.   2001: A consultation paper prepared as part of the National Commission to Review the Working of the Constitution suggested the formation of the AIJS

8.   2006: The Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice, in its 15th Report, supported the idea of a pan-Indian judicial service and also prepared a draft bill.

9.   2009: Chief Justice of India (CJI) endorsed the All-India Judicial Service.  

10. 2012: A draft bill to establish AIJS was dropped after opposition from High Court Chief Justices who labelled this an infringement of their rights.

11. 2014: CJI RM Lodha reiterated the need for All-India Judicial Services.

12. 2016: The Prime Minister in his address at 50 years celebration of Delhi High Court on October 31 sought a debate on creating the All-India Judicial Services.

13. 2023: The President of India proposed to establish an AIJS to diversify the Judiciary.

Constitutional provision
  • All India Judicial Services inserted under Article 312 by the Constitution (42nd Amendment) Act, 1976.
  • Article 312 (2): The AIJS cannot include any post inferior to that of a district judge, as defined in Article 236.
District judge means? 1.     A city civil court judge

2.     Additional district judge

3.     Joint district judge

4.     Assistant district judge

5.     Chief judge of a small cause court

6.     Chief presidency magistrate

7.     Additional chief presidency magistrate

8.     Sessions judge

9.     Additional sessions judge

10.  Assistant sessions judge.

Recruitment and cadre allotment 1.     AIJS are recruited by the UPSC.

2.     Appointed by the union government.

3.     Allotted to the state cadres.

4.     Like any other All India Service

Present recruitment system: 1.     Articles 233 and 234 of the Constitution of India deal with the appointment of district judges and place it in the domain of the states.

2.     The judges are recruited by the State Public Service Commissions under the supervision of the concerned High Court, since HCs exercise jurisdiction over the subordinate judiciary in the state.

3.     Panels of HC judges prepare the question papers, interview the candidates after the exam and select them for appointment.

4.     All judges of the lower judiciary up to the level of district judges are selected through the Provincial Civil Services (Judicial) exam. PCS (J) is commonly referred to as the judicial services exam.

Arguments in Favor of AIJS 1.     Efficiency and efficacy of judiciary would be increased.

2.     Transparent and efficient method of recruitment would be followed.

3.     The pendency and issue of delay of cases would be done away with.

4.     Corruption, nepotism etc would be strongly dealt with.

5.     Best legal talent across the country would be selected based on merit.

6.     Public faith in the judiciary would be restored.

7.     The India Justice Report (IJR) 2022 shows that only 35% of subordinate court judges are women. No State has been able to meet the quotas for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) categories in the subordinate judiciary. Is an AIJS the solution to this

Arguments against AIJS 1.     AIJS is opposed by the High courts as they lose control of the recruitment of the district judges. (They are supervising the present recruitment of the district judiciary)

2.     Local languages and nuances would be a problem to the judges selected on All India basis because the arguments and documentation in the district court takes place in the regional languages.

3.     There is no proper focus on law education.

4.     Many people many not get attracted to the AIJS due to the low salaries.

5.     Promotional opportunities in the judiciary are very few.

6.     Judges selected by the AIJS exam may not understand the local laws and traditions.

Suggestions 1.     Judges selected through the AIJS should be trained in the Local language and traditions.

2.     A judicial pay commission may be constituted to revise the salaries of the judges on a quinquennial basis.

3.     Legal Education should be improved.

4.     Reform the bar council of India

5.     AIJS may help — different States provide for different patterns of reservations.

Conclusion An AIJS should be established on an immediate basis. Issues arising may be resolved as the time passes by.

 

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