It is a reform push to centralize the recruitment of judges.
It would work at the level of additional district judges and district judges for all states.
In the same way that the UPSC 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.
How are district judges currently recruited?
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.
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 an appointment.
All judges of the lower judiciary up to the level of district judge are selected through the Provincial Civil Services (Judicial) exam.
How did it all begin?
The AIJS was first proposed by the 14th report ‘Report on Reforms on Judicial Administration’ of the Law Commission in 1958.
It was proposed again in the Law Commission Report of 1978, which discussed delays and arrears of cases in the lower courts.
In 2006, the Parliamentary Standing Committee backed the idea of a pan-Indian judicial service, and also prepared a draft Bill.
Significance
Ensures Efficient Judiciary
It will 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.
Will Improve Ease of Doing Business
The government has targeted the reform of lower judiciary in its effort to improve India’s Ease of Doing Business ranking, as efficient dispute resolution is one of the key indices in determining the rank.
Addresses the issue of Judges To Population Ratio
A Law Commission report (1987) recommended that India should have 50 judges per million population as against 10.50 judges (then).
Now, the figure has crossed 20 judges in terms of the sanctioned strength, but it’s nothing compared to the US or the UK — 107 and 51 judges per million people, respectively.
Higher Representation of Marginalized Sections of Society
According to the Government, the AIJS to be an ideal solution for equal representation of the marginalized and deprived sections of society.
Help in Attracting Talent Pool
The government believes that if such a service comes up, it would help create a pool of talented people who could later become a part of the higher judiciary
Follows Bottoms-Up Approach
The bottoms-up approach in the recruitment would also address issues like corruption and nepotism in the lower judiciary.
Criticism:
Dichotomy Between Articles 233 and 312
As per Article 233, recruitment to subordinate judiciary is the prerogative of the State.Due to this, many states and high courts have opposed the idea on the ground that it would go against federalism.
If the fundamental power of the States to make such rules and govern the appointment of district judges is taken away, it may be against the principle of federalism and the basic structure doctrine.
Blow to federalism
It is seen as an affront to federalism and an encroachment on the powers of states granted by the Constitution.
Language of Business
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.
Quotas
It has been argued, reservations based on caste, and even for rural candidates or linguistic minorities in the state, could be diluted in a central test.
Against Separation of power
The opposition is also based on the constitutional concept of the separation of powers.
Not a complete remedy
Also, the creation of AIJS will not address the structural issues plaguing the lower judiciary.
Why is the government recently initiated to revive the idea of AIJS?
The government has targeted the reform of the lower judiciary in its effort to improve India’s Ease of Doing Business ranking.
It will act as efficient dispute resolution is one of the key indices in determining the rank.
AIJS is a step in the direction of ensuring an efficient lower judiciary.
Centre’s Argument
The government has cited IAS officers’ examples.
It has argued that if a central mechanism can work for administrative services — IAS officers learn the language required for their cadre — it can work for judicial services too.
