Roadmap for Answer Writing

1. Introduction 

• Begin with the significance of judicial reforms and introduce the concept of the All-India Judicial Service (AIJS).
• Highlight its proposal under NITI Aayog’s Strategy for New India @ 75 and recent endorsements by prominent figures like President Droupadi Murmu.
• Mention the objective of AIJS: streamlining recruitment and enhancing judicial accountability.

Relevant Facts

• Proposed under NITI Aayog’s Strategy for New India @ 75.
• Endorsed by President Droupadi Murmu in recent discussions.

2. Feasibility of AIJS 

• Uniform Standards: A centralized system ensures consistent recruitment across states, enhancing merit-based appointments.
• Addressing Vacancies: India has only about 20 judges per million people, far below the recommended 50 judges.
• Talent Pool: Attracts the best legal minds through a competitive national examination.
• Enhanced Accountability: Centralized evaluation and training ensure transparency and professional discipline.
• Curbing Political Interference: Prevents local political influence in appointments.
• Grassroots Impact: Tackles corruption and nepotism, improving the quality of justice at lower levels.

Relevant Facts

• Current judge-to-population ratio: ~20 per million, compared to 107 in the U.S. and 51 in the U.K.
• Law Commission’s 1987 recommendation: 50 judges per million population.

3. Challenges of AIJS 

• Diversity of Laws and Languages: Different states have unique legal systems and languages, complicating implementation.
• Language Barrier: Judges from one region may struggle to handle cases in another region’s language.
• Constitutional Concerns: Articles 233 and 234 of the Constitution delegate judiciary recruitment to states, making AIJS constitutionally contentious.
• Administrative Hurdles: Establishing a centralized recruitment system requires coordination and infrastructure.
• Political Resistance: Perceived as centralizing authority, AIJS may face opposition from state governments.
• Reservation Issues: Balancing national recruitment with local reservation policies is challenging.

Relevant Facts

• Articles 233 and 234 of the Constitution grant states control over subordinate judiciary recruitment.
• Language diversity: Over 22 recognized languages in India, with local courts using regional languages.

4. Way Forward 

• High Standards: UPSC to conduct recruitment with rigorous standards like IAS and IPS.
• Addressing Root Causes: Analyze reasons for judicial vacancies and address structural inefficiencies.
• Building Consensus: Engage stakeholders, including High Courts and state governments, to address federal concerns.
• Meritocracy and Training: Ensure a robust selection process and comprehensive training for new officers.
• Gradual Implementation: Pilot AIJS in a few states to resolve operational and administrative challenges.

Relevant Facts

• AIJS envisioned to function similarly to IAS and IPS, conducted by UPSC.
• Supreme Court has previously endorsed AIJS in discussions on judicial reforms.

5. Conclusion 

• Conclude by emphasizing the transformative potential of AIJS in addressing systemic issues in the judiciary.
• Highlight the need for a balanced approach, ensuring stakeholder consensus and addressing practical challenges for successful implementation.

Relevant Facts

• AIJS has been debated for over five decades, requiring careful planning to succeed.
• NITI Aayog supports AIJS as part of broader judicial reform measures.