11 Dec All India Judicial Services : How far it is needed for the country Source : Indian Express (GS Paper 2 )
All India Judicial Services : How far it is needed for the country Source : Indian Express- Today Current Affairs
Context :According to data provided by ministry of Law and Justice in the parliament, only two state government Haryana and Mijoram and only two high courts Tripura and sikkim High court are in the favor of All India Judicial Services as proposed by Government of India in 2015 Introduction : Judiciary is one and most important pillar to maintain democracy, but in India the rate of dispensation of Justice is very slow . To Increase this rate of dispense of Justice , the issue of All India Judicial Services has been raised many times and thus government had proposed All India Judicial Services like All India administrative and Police services in 2015 but many state and the high court denied this proposal and still it is the subject of debate
In fact , law and order is the subject of the state list described in schedule 7 where the powers of center and state have been divided . In the affairs of Judiciary , it is already an extremely centralized system . The decisions of the supreme court are bound for all high courts and similarly the decisions of the High court are also bound to lower courts . In such extreme centralization of the Judiciary system what is the necessity of All India Judicial services? Our courts of law and order give an argument that through this efficiency and transparency would bring in the selection procedures of Judges and through this marginalized people would also be benefited and since this selection would be done through center agency so uniformity in the selection procedure could also be maintained .
Why States are not ready: The Hindu Analysis
In fact though this, the central government would be encroaching on the matter of legal affairs also . For the maintenance of federalism Law and order should not be uniform and centralized for the entire country because of the cultural diversity . If any central agency would conduct exam , it is very difficult to organize any exam satisfying the needs of all the states simultaneously
Legality of these services :
As per the provision of constitution Articles 124, 217 and 222 , the procedure of appointment of the judges of SCs and HCs are described , and after 42 nd amendment of the constitution , Article 312 (1) empowered the Parliament to make any laws for the creation of any All India services or any services for two and more states . And simultaneously the Rajya Sabha has also been empowered to pass any resolution regarding all India services through Article 312 of the constitution But the issue remains that the state of enchantment of center in the affairs of state also .
The rapid and transparent dispense of justice is the right of every citizen of India and it is a necessity of democracy also but on the cost of rapid dispense of Justice, our basic structure of Indian democracy which is federalism should also be not impacted. Therefore , If All India Services is required for the reform in Judiciary to bring uniformity in Justice, then the government should also ensure that the cultural diversity of the country should also be protected and the fundamental structure of India that is federalism should also be maintained .
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