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Should an All-India Judicial Service be created?
Context:
All India Judicial Services (AJIS) is a proposed centralised recruitment system for judges at the level of additional district judges and district judges across States.
Barriers to Entry and Representation in Judiciary
- Entrance Exam Challenges: Preparing for the central entrance exam is time-consuming, posing a barrier for diverse candidates.
- Regional Language and Custom Barriers: Understanding customs becomes vital, making intensive language training a significant challenge for aspirants.
- Comparison with Administrative Service: Replicating the Indian Administrative Service model in the judiciary is questioned.
Challenges of All-India Judicial Service (AIJS)
- Vacancy Concerns: Vacancies in the judiciary and All India Services (AIS) remain high, questioning the efficiency of a centralized system.
- Age and Career Disruption: AIJS recruits lawyer’s aged 35 to 45, disrupting established practices in their home states.
- Attraction and Facilities: Basic facilities, especially for women judges, are lacking in positions outside metropolitan areas.
Concerns
- Centralization and Control: High Courts and State governments may resist the centralization proposed by AIJS, challenging control over recruitment.
- Legitimacy of 42nd Amendment: Skepticism about the 42nd Amendment's introduction and its potential violation of the Constitution's basic structure.
- Alternative Solutions and Infrastructure: Infrastructure support is crucial to ensure judges view themselves as constitutional court judges.
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