An IJS is an Idea Whose Time Has Come

There has been an ongoing controversy surrounding the Delhi fire brigade’s discovery of half-burnt currency notes while responding to a fire in the official residence of a Delhi High Court judge.

Shocking Discovery and its Aftermath

• Incident: The fire that broke out at the residence of a Delhi High Court judge revealed half-burnt currency notes, a discovery that has sent shockwaves through the public and the judiciary.
• Aftermath: The Chief Justice of India has ordered an internal inquiry, which is expected to shed light on the situation. However, the fact that the judge involved has been transferred back to his parent High Court, rather than facing more immediate legal action.
• Past Precedents: A former Chief Justice of India, who controversially included himself in an inquiry committee investigating a sexual harassment complaint lodged against him by a court staff member.
• Public Outrage: The public outcry led the CJI to eventually step down from the inquiry, highlighting the need for greater transparency and objectivity in judicial investigations.

Recent Disturbing Incidents and their Implications

• Two other significant developments that have further intensified the debate around judicial accountability.
• Supreme Court’s Stance on Judicial Accountability: First, the Supreme Court recently objected to an order passed by the Lokpal, which had taken cognisance of a corruption complaint against a High Court judge and referred it to the Chief Justice of India. 
  • The Supreme Court raised concerns over the Lokpal’s jurisdiction to address complaints against judges and has taken suo motu notice of the matter. 
• Controversial Order by a High Court Judge: Second, a High Court judge issued a deeply disturbing order, suggesting that certain actions such as grabbing a minor girl’s body parts and “breaking the strings of her pyjama” did not warrant charges of rape or attempt to rape. 
  • Fortunately, the Supreme Court stayed this order, deeming it “totally lacking in sensitivity.”
• What links these three incidents involving High Court judges is the existing system of judicial selection in India—the Collegium system.

Judicial Selection and Accountability

• Collegium System and its Limitations: This system has long been criticized for its lack of transparency, often leading to the appointment of judges who may be incompetent or from influential judicial dynasties.
  • The dominance of a few families in the selection process can sometimes result in the appointment of mediocre candidates, undermining the credibility of the judiciary.
• National Judicial Appointments Commission (NJAC) Debate: This ongoing issue has reignited the debate surrounding the National Judicial Appointments Commission (NJAC) Act. Passed by Parliament in 2014 with the ratification of 16 State Assemblies, the NJAC sought to bring greater transparency and merit to judicial appointments. 
  • However, the Supreme Court struck it down, citing concerns over its constitutionality. While the debate over NJAC continues, the need for judicial reforms remains pressing.

Proposed Solution: The Indian Judicial Service

• Case for an All-India Judicial Service: A more immediate and practical solution to address the challenges within the judiciary would be to establish an “Indian Judicial Service” (IJS), similar to the Union Public Service Commission (UPSC) system for civil services.
  • This merit-based, competitive, and transparent process would offer a viable alternative to the current selection system.
• Advantages of an Indian Judicial Service: There are several key advantages to creating such a service:
  • Inclusivity and Representation: An Indian Judicial Service would provide opportunities for candidates from diverse backgrounds and regions to compete for senior judicial positions. 
    • This would help diversify the higher judiciary, which is currently dominated by a few families and lacks adequate representation from women and marginalized sections of society.
  • Insulation from Political Interference: By entrusting the recruitment process to the UPSC, in consultation with High Courts and legal experts, the judiciary would be insulated from political influence. 
    • The transparent nature of the process would also reduce the possibility of bias and favoritism.
  • Training and Oversight: A competitive selection process would be followed by comprehensive training programs to ensure that judges are well-versed in various branches of law.
    • Additionally, the Supreme Court could implement a system of oversight to maintain integrity and hold judges accountable for misconduct.

Conclusion

Establishing an Indian Judicial Service would not only promote transparency and merit in the selection of judges but also help restore public confidence in the higher judiciary. With the right reforms, the judiciary could once again become a trusted pillar of democracy, ensuring that justice is served impartially and effectively in India.