ALL INDIA JUDICIAL SERVICE FOR DISTRICT JUDICIARY WOULD BE ABSOLUTE DISASTER: KAPIL SIBAL
Category: Legal News
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BACKGROUND
The central government has proposed an All India Judicial Service (AIJS) to centralize the enforcement for engaging the judges in the district judiciary in India. This reform is aimed at rationalising the appointment of judges and to fill the post of vacancies the lower judiciary.
INTRODUCTION
Leading Indian lawyer and former Union Minister Kapil Sibal has termed the AIJS a disaster and said he had serious doubts about it. Bhullar distinguishes five concerns that relate to his arguments, all of which cast doubt on the ability of a centralised process to appoint judges in a country as large and diverse as India with a proper understanding of the local context as is imperative when it comes to justice.
KEY ASPECTS
In the matter on appeal, Sibal reiterated his submissions by stating that any legal process takes place within culture. He says that for a judge to be effective he or she has to have sufficient knowledge of languages, culture, and societal issues of the region. In its current structure, the AIJS may appoint judges who have limited knowledge of the regions they will serve for centralizing the recruitment process. This could see the judges make wrong decisions making justice at the grassroots level an unattainable dream. Furthermore, Sibal is also critical of a centralized structure for the same reason as he envisages the danger of a loss of political independence in particular for the judiciary. He notes that since the central government is given a huge authority in the appointment of judges, there will be chances of political influence infringement the independence of the judiciary. It would also lead to a judiciary which would not be independent to make decisions without fear of bias interference and as such, the rule of law is comprom.</p > Sibal does not support the idea of striving for the AIJS but believes that it is high time to improve the functioning of existing methods of selection and strengthen judicial facilities. He feels that supporting local players and dealing with the situation where various regions are experiencing will be useful. By concentrating on these areas, the judicial system would be able to observe the decentralization of local variation while closely training the judge on the appropriate need of the jurisdiction.
Written by : Abhishek Aiyappa
