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Context: In this episode of the Perspective Prog. based on All India Judicial Service. On the show today we’re going to talk about the All India Judicial Service a proposal to centralise the recruitment of judges at the level of additional district judges and district judges for all states.
In Perspective today, we will analyse with eminent experts on what the All India Judicial Service entails, whether it will strengthen the overall justice delivery system, the reasons why it is being opposed by states and High Courts and what is the way ahead?
The AIJS was first proposed by the 14th report of the Law Commission in 1958.
Supreme Court’s Stand:
In 2017, the SC took suo motu cognizance of the issue of appointment of district judges, and mooted a Central Selection Mechanism.
Benefits of AIJS:
Addressing Judges To Population Ratio: A Law Commission report (1987) recommended that India should have 50 judges per million population as against 10.50 judges (then).
Not Good For Local Reservation: Also, reservations based on caste, and even for rural candidates or linguistic minorities in the state, could be diluted in a central test.
Wont Address Structural Issues: The creation of AIJS will not address the structural issues plaguing the lower judiciary.
Current Appointment Method
Constitutional Provision For Bringing the Change:
The 42nd Constitutional amendment in 1976 amended Article 312 (1) empowering Parliament to make laws for the creation of one or more All-India Services, including an AIJS, common to the Union and the States.
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