The proposal for the creation of an All-India Judicial Service (AIJS), suggested by President Droupadi Murmu, has reignited the debate on judicial reforms in India. 

Objectives and Benefits of the AIJS

The AIJS aims to recruit young, bright individuals from varied backgrounds to become judges at the district level, improving the diversity and quality of the judiciary:

• Vacancy Management: The proposal envisions creating a centralised pool of candidates for district-level judicial positions, which could help in managing the chronic vacancy issues across various state courts.
• Reducing Corruption: The current system of appointment of lower judges often involves political influence, with senior advocates being promoted to judicial positions. 
  • The AIJS promises a more transparent, merit-based process, potentially curbing such corruption and bias.    
• Judicial Diversity: By recruiting from a broad, national pool, the AIJS could enhance diversity within the judiciary, ensuring representation from varied socio-economic and regional backgrounds.  

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Arguments Against the AIJS

• Judicial Independence Concerns: If the executive controls or influences the posting and transfer of judges, it may undermine judicial independence, potentially affecting impartiality and eroding trust in the fairness of judicial decisions.
• Administrative Complexity: Transitioning to a centralised recruitment system would involve complex administrative hurdles, including managing quotas, tenure policies, and pay parity across states. 
  • These challenges could lead to logistical issues and friction between the central and state governments. 
• Divergent Legal Systems: Differences in legal education across states, along with unique state-specific laws, could hinder transferred judges’ ability to effectively understand and apply local laws, creating challenges in the administration of justice.
• Impact on Local Language Preferences in Selection: A centralised recruitment process could overlook candidates’ proficiency in local languages, which is crucial for ensuring fairness, particularly in rural areas where local language knowledge is often essential for effective communication in court.
• Overrepresentation of Regions: Centralised exams may favour candidates from regions with better infrastructure for coaching and exam preparation, such as metropolitan cities. 
  • This could reduce the geographical and socio-economic diversity of the judiciary, disadvantageous candidates from rural or smaller towns.

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Conclusion

The All-India Judicial Service (AIJS) has the potential to address judicial vacancies and improve diversity. However, to be truly effective, it must be carefully designed to avoid shortcomings, ensuring regional representation, local legal expertise, and the attraction of top talent.

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