All India Judicial Services| Government planning to bring a bill for AIJS, march 2021

Описание: All India Judicial Services
All India Judicial Services UPSC
all india judicial services
All india judicial services
AIJS, 2021
Government of India is planning to bring a bill in Parliament to set up an All India Judicial service on the lines of IAS and IPS.

March,2021

Judges Recruitment In India
Recruitment of District judges in India
How are District judges recruited?

Why In News?
Recently the Government has said that it is under discussion with the CJI for constitution of an all India Judicial Service on the lines of IAS and IPS .

The Proposed service will be for the recruitment of the district judges.

Currently the District Judges are recruited by State Public Service commissions of the respective states and are appointed by the Governors of the states.

The High Courts of States have the Administrative Control over the Subordinate Judiciary.

Constitutional Provisions
Art 233- Appointment of District Judges

Appointment to be done by Governor in consultation with High Court
A person to be appointed as Dist. Judge should have been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment

Art 234- Recruitment of Persons other than District Judges

Art 235- District Judge
judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge;
Art 312-
A law giving effect to the AIJS shall not be deemed as Constitutional Amendment

AIJS
Seeks to create Centralised Cadre of District Judges recruited through an All-India level Exam conducted by UPSC
Was first Proposed by Law Commission in 1958

42nd Amendment of 1976 added a provision of AIJS in Art. 312 on the basis of Swarn Singh Committee Recommendations.
The proposed bill would have reservations for SC, ST and OBC’s to make judiciary more inclusive
There would be a cluster of Groupings like North India, North East India.

Concerns
Language Barrier
The power of States and High Courts to recruit judges will be taken away
The argument that Centralised recruitment will be efficient may not be very strongly grounded as in Case of IAS, there exists 22% vacancy, and in Army there are 7,298 officer posts vacant
State recruitments provide for a better representation of SC, ST’s and OBC’s due to the domicile requirement which will be diluted
AIJS doesn’t address the problem of poor judicial education that affects the Indian Law schools.


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