Aligning with the unitary feature of India Constitution, the vacant posts in the lower judiciary can be filled up via centralised recruitment process by creating All India Judicial services. Critically examine (200 Words )
Refer - The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 5 years
KEY POINTS
According to National Judicial data Grid, 23% posts lying vacant in lower courts and nearly 2.62 crore cases pending resolution in the lower judiciary, there is a lack of attention in the judiciary.
The significance of All India Judicial Service(AIJS)
• Creating an All India Judicial Service would make the judiciary more accountable, professional and equitable.
• The creation of AIJS, along with provisions of reservations for the marginalized communities and women, will lead to a better represented lower judiciary.
• Best legal talent across the country would be selected on the basis of merit.
• Public faith in the judiciary would be restored.
• A transparent and efficient method of recruitment would be followed.
AIJS is not an effective solution to fill vacant posts
• In Uttar Pradesh, of the 3,204 sanctioned posts, 1,348 are vacant, i.e. 42% vacancies. It shows that the problem of vacancies is not uniform across different States. The solution is to pressure poorly performing States into performing more efficiently.
• The fact is that several States already provide for reservations in their lower judicial service. Example: Karnataka also recognizes two additional categories of reservation — for those from a rural background and those from Kannada medium backgrounds.
• Unlike States, the Centre almost never provides reservation for women in all India services.
• Instituting an AIJS would mean that nationally dominant SC, ST and OBC groups would be at an advantage as they can compete for posts across the country, which they would otherwise be disqualified from because of the domicile requirement.
• If Parliament decides to go ahead with the creation of the AIJS, State legislatures can do nothing to stop the process, according to article 312 of the constitution.
The need of the hour for the judiciary is cooperative federalism where center needs to help states in filling up the vacant posts in lower judiciary, rather than centralizing the recruitment process where states' appointment powers are taken by the center.
Sahitya 5 years
Please review
IAS Parliament 5 years
Try mentioning role of Co-operative federalism in conclusion in context of centralized recruitment process. Keep Writing.
Nandadeep 5 years
Kindly review.thanks
IAS Parliament 5 years
Good
Answer. KeepWriting
