"Article 312 of the Constitution provides for a national level judicial service, however, the plan of establishing an all India service for judicial officers is in limbo for the past five decades."Discuss the major issues around the issue while making a case for All India Judicial Services.
Article 312 of the Constitution provides for a national level judicial service. In spite of this provision, its establishment remains stranded.
An All India Judicial Service carries certain advantages. There can be an independent body like UPSC which can conduct an open competition examination for the direct recruitment of judges. This ensures fair selection of incumbents. This process will attract bright and capable law graduates to the judiciary to take over as judges. There will be a uniform judicial system and it will improve the justice delivery system.
However, states are against having an AIJS. They state local language as the main issue. Local language can be used in lower courts for writing orders. A judge from outside state becomes handicapped in delivering quality justice. The other issue cited is that AIJS may hamper the progression of state judicial service officers.
In my opinion, language issue cannot be made a hurdle for having an AIJS. Outsiders can easily learn the local language and adapt themselves to local conditions like the Indian Administrative Service officers. The officers can be provided with adequate training to handle the job in local circumstances.
Only a meritocratic service with a competitive recruitment, high quality uniform training and assured standards of probity and efficiency would ensure speedy and impartial justice in India. Along with this, the central government should provide support to improving judicial infrastructure in the State. (231 words)