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Why AIJS is not a good idea

 The idea of All-India Judicial Service (AIJS) along the lines of the All India Services (AIS) was first mooted by Law Commission in the 1950s and since then it has been debated over its desirability. The stand of bar, judiciary and the government differs over the necessity and structure of AIJS.

 

 

AIJS:


The district judges will be recruited viaan all-India examination and will be allocated to each State along the lines of the AIS. It is hoped that this will ensure a transparent and efficient method of recruitment to attract the best talent in India’s legal profession. A milder version of this, wherein judges will be recruited by High Courts based on a common examination is currently being decided by the Supreme Court.


 
Why it is opposed:

 

 

·         It does not address the real problem. The answer to the question that what is holding back the smartest and the best from entering the judiciary is that, leave alone a few islands of excellence, no effort has been made to improve the standard of legal education across the country.

 

·         AIJS risks shutting out those from less privileged backgrounds from entering the judicial services.

 

·         It may not consider local laws, practices and customs which vary across the States, thus increasing the costs of training for judges selected through the mechanism.

 

·         It is doubtful whether it will be able to attract best talents, as pay and perks won’t be competitive compared to private sector law firms. However, if the position was accompanied by sufficiently good terms and conditions of service, and a defined career progression on similar footing to AIS, AIJS may succeed.

 

·         The problems of the Indian judiciary have reached catastrophic levels. The public is losing trust and confidence in the judiciary. It is because of a combination of delays, cost, uncertainty, inefficiency and corruption. Not even a single problem will be solved by centralizing the manner of recruitment of judges.

   

The views are of AlokPrasanna Kumar a Senior Resident Fellow at the Vidhi centre for Legal Policy.  

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