Don’t Sell This Injudicious Plan

The Economic Times     6th November 2021     Save    
Samadhaan

Context: Centralising Judiciary Recruitments in India has so many concerns that needs to be addressed.

Challenges associated with AIJS

  • None of its patrons assessed the merits of the proposal adequately: Most relied on anecdotes to support the larger idea of a centralised judicial service.
  • Objective of AIJS mostly finds backing in rhetoric and political prattle rather than in empirical evidence: The objective of introducing AIJS was to address the issue of vacancies in judicial system.
    • Recent analysis reveals that only certain states account for majority of these vacancies, while most are able to efficiently recruit judges in these cadres.
  • Deeper systemic issues around poor career growth and remuneration prospects in lower judiciary remain unaddressed.
  • Language barriers: A judicial officer lacking proficiency in local language may result in irreversible and damaging errors affecting litigants.
    • A judicial officer needs a thorough understanding of the language and ability to express it, and for this, they must be familiar with the local languages, which will burden the state judicial academies.
  • Centralising judiciary recruitment will interfere with the independence and federated structure of the Indian judiciary.
  • Busting inclusion argument: AIJS is needed to bring about social inclusion by enabling representation to marginalised communities is not supported by evidence.
    • Most states already provide for reservations for people from OBC, SC, ST, women and persons with disabilities categories.
  
Conclusion: Individual high courts and state governments are best positioned to identify candidates based on their local needs, case volumes and nature of cases. Any Judicial reforms should be rooted in empirical evidence instead of being a political ruse detached from ground realities.
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