DH Deciphers | AIJS: Will this IAS-like service work for judge recruitment?

The union government has renewed efforts to introduce the All India Judicial Service (AIJS) for the appointment of judges in district courts, along the lines of civil services like the Indian Administrative Service (IAS). The Centre has called it an important judicial reform but states oppose the idea due to various reasons. Here's what you need to know about the AIJS:

First things first, what is the AIJS?

It is a centralised system for the appointment of district and additional district judges in all states. Much like how bureaucrats are appointed through the IAS, the AIJS could recruit lower court judges by conducting an all-India exam, interviews, etc.

How are lower court judges appointed at present?

All appointments, postings and promotions of district judges in a state are made by the Governor of that state in consultation with the respective high court, as stipulated by Article 233 of the Constitution. Advocates with at least seven years of experience are eligible for appointment as district judges. There are also other essential requirements. Article 234 states that recruitment to the judicial service would be conducted by the state public service commission and the high court concerned.

The appointment of judges in district courts is made at two levels: Provincial Civil Services (Judicial) for appointment as civil judges (junior division) and Higher Judicial Services for appointment as additional district judges. The respective high courts command total control over the process. There is no role for the Centre.

Isn't the present system working well?

The localised recruitment of lower court judges has several structural bottlenecks. Vacancies aren't filled up on time and there's no parity in terms of training, salary, and remuneration for judges across the country.

Article 312 empowers Parliament to make laws to provide for the creation of one or more all-India services (including an All India Judicial Service) common to the union and the states.

Experts feel a central recruitment process for the lower judiciary would help the government improve its ranking in the ease of doing business. The government believes that the AIJS would help create a pool of talented people who could later be elevated to judges in 25 high courts and the Supreme Court. It also claims that such a service can help fill up vacancies and expeditiously clear the 3.5 crore pending cases.

Why are states opposing the idea?

States are wary that the central recruitment process would go against the very principle of federalism and the power assigned to them for the selection of district judges under the Constitution. They also cite the lack of knowledge of the local language, local laws, customs and practices to oppose the AIJS. Critics also say that the central recruitment of lower court judges would take away the final say of the high courts in the appointment process. Further, it would affect the basic principle of separation of power.

What's the Centre's argument?

The union government argues that if the central selection process can work for civil services, it can also work for judicial services and that the recruited judges can learn the local language.

What does the Supreme Court say?

In 1992, the top court directed the Centre to set up the AIJS in the case of 'All India Judges Association vs Union of India'. But a year after, it left the issue to the government's discretion. In 2017, the court suggested the centralised selection mechanism for district judges.

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