HOME > FIRST ON ULTRA > Govt likely to intensify efforts to create All India Judicial Service

Govt likely to intensify efforts to create All India Judicial Service

High Court of Karnataka, Dharwad

Despite setbacks and opposition from both state governments and the judiciary, the central government is not ready to give up the proposal to set up an all India service for recruitment of judges modeled on the Indian Administrative Service and the Indian Police Service.

The idea was officially endorsed five years ago when a committee of the secretaries of various central government departments approved setting up a All India Judicial Service similar to the IAS, IFS, IPS and so on.

Recruitment to the AIJS would be through an all Indian recruitment exam like the Civil Services Examination. At present, judges and magistrates are recruited by the high courts of the respective states.

It is expected that the move will also help improvement the representative character of the judiciary and make it more transparent.

At present, the judiciary in India is drawn overwhelmingly from regions and social groups that have traditionally had a higher representation in the legal profession. As such, many communities that are not present in the legal profession in large numbers due to economic and social reasons, are thinly represented in the judiciary as well. This, it is feared, impacts the representative nature of this crucial arm of the government.

“The All India Judicial Service, however is a laudable idea, which will help bring in fresh talent in the process of judicial appointment and will also give opportunity for representation of deserving candidates from the inadequately represented community in the higher judiciary,” law minister Ravi Shankar Prasad said this week.

The Indian democracy is built on the principle that people from all regions, social classes, linguistic divisions and religions are to be given fair representation in the government. But the proposal was opposed or ignored by most high courts and state governments.

The center, however, is in no mood to give up, and is expected to be taken up for consultation this year at a conference of chief justices of various high courts.

“The Government has undertaken the consultative process to arrive at a common ground,” Prasad said.

TOUGH GOING

So far, only 10 of the 24 high courts of India — Allahabad, Chhattisgarh, Himachal Pradesh, Kerala, Manipur, Meghalaya, Orissa, Uttarakhand, Sikkim and Tripura — have given a positive response to the center on the proposal to set up the All India Judicial Service. Nine have opposed the idea while five have not given any response.

The government was not able to sell the idea at the Chief Justices Conferences held in 2013 and 2015.

Seven state governments have also opposed the formation of the service, while eight have favored the idea. The states in opposition are Arunachal Pradesh, Himachal Pradesh, Karnataka, Madhya Pradesh, Meghalaya, Nagaland and Punjab.

Those that have showed willingness to examine the proposal are Maharashtra, Bihar, Chhattisgarh, Manipur, Orissa, Uttarakhand, Haryana and Mizoram.

TURF WAR

Some of the high courts are worried that the AIJS is being set up to facilitate the interference of the executive wing of the government into the judicial wing.

For example, the members of the Indian Administrative Service and Indian Police Service are largely controlled by the executive branch of the central government even when they are deputed to state governments.

As such, even those High Courts that are open to the idea of recruiting judges through an AIJS have therefore insisted that the administrative control of the ‘lower’ judiciary has to remain with the respective High Court of the states.

The Indian state is to some extent modeled on the American system under which the government is split into three vertical and independent wings — a legislature that creates laws, an executive that implements them and a judiciary that resolves disputes in their application.

Both the executive and the legislative branches — particularly those of the central government — have clashed with the judiciary on several matters and sought to influence it.

Under the constitution, the Supreme Court of India has the power to nullify and modify the actions of the executive brand if it finds them to be against the law.

Similarly, it has the right to abrogate any law created by the legislature if it finds the new rule to be not in consonance with the stated intent of the law, or if it find it inconsistent with a higher law — such as a fundamental right given in the constitution.

The judiciary, particularly the Supreme Court, has been using these powers more and more in recent times, making both the legislative wing and the executive wing uncomfortable.

Indian judiciary also addresses the issue of ‘absence’ of laws, where it steps in to create new laws when it detects a lacuna on the part of the legislature to create the rules required to implement a government policy or constitutional provision.

This was demonstrated in case of relocation of liquor shops away from highways — a stated central government policy.

Irked over the inaction of state governments to create laws to relocate liquor shops away from highways despite multiple letters from the center, the Supreme Court stepped in and created a new rule closing such liquor shops from this month.

Such actions — where courts go beyond resolving disputes on the application of laws to creating new laws via public interest litigation — have also irked the legislature.

Due to these disputes, many observers of politics fear the executive and legislative branches — which are joined at the hip in the British model of democracy — may be trying to make the judiciary more ‘pliable’ by ascribing a role for themselves in the recruitment of judges.

A similar effort at increasing its role in the recruitment of judges to the ‘higher judiciary’ — High Courts and the Supreme Court — was declared unconstitutional by the Supreme Court in 2015.

Follow ULTRA.news
FITE says 11 cases against Tech Mahindra layoffs moved to courts The Maharashtra unit of Forum for IT Employees said 13 disputes over forced resignations and  layoffs at IT organizations have been moved to the labor courts after failed mediation attempts by state labor authorities.FITE meets Maharashtra CM11 of the 13 cases were filed...
TRAI to hear the public on net neutrality in open house this month The Telecom Regulatory Authority of India has started registrations for an open house discussion on its upcoming recommendations on net neutrality.The open house discussion will be held on Wednesday, August 30 at 9:30 AM in New Delhi. The venue has not been finalized yet, and...
Measles makes a comeback, especially in North India The number of people getting infected with measles, a deadly disease that causes a red rash and is spread through the air, has shown a steady increase in four adjoining states of North India, as well as Gujarat.Measles is a highly contagious infection caused by the measles vi...
IT companies using illegal tactics to force workers to resign: FITE The Forum for IT Employees, arguably the IT workers rights organization with the largest number of well-wishers and supporters, accused IT companies of using illegal and unethical means to force their workers to submit their resignations.In a meeting with Maharashtra Chief Mi...
Haryana tops MG-NREGA wage list with Rs 277 per day, Bihar lowest The North Indian state of Haryana has emerged as the state with the highest daily wage under the Mahatma Gandhi National Rural Employment Guarantee Scheme at Rs 277.Bihar and Jharkhand came at the bottom with daily wages of Rs 168.The second highest wages was in Chandigar...
Fertilizer subsidy falls by Rs 8,000 cr after Neem coating Neem coating of urea, one of the key anti-diversion measures introduced by the Narendra Modi government to check the misuse of fertilizer urea by industries, seems to be paying off.According to the latest numbers, the Indian taxpayer saved about Rs 8,000 cr thanks to the move...
SC refuses to expedite challenge against taking back of partition migrants from Pakistan The Supreme Court has refused the request for an early listing of a petition that questions permitting descendants of people who migrated to Pakistan to come back to India.The petition seeks the quashing of the Jammu and Kashmir Rehabilitation Act of 1981 that would give the ...
Maneka Gandhi clarifies: Didn’t say men don’t commit suicide Union ministry of women & child development has expressed its consternation at its minister Maneka Gandhi being painted as insensitive by the media following a rather lively interaction between the minister and citizens.Media headlines today screamed that Gandhi, who has ...
Vishal Sikka says Infosys trying to retrain employees displaced by automation Infosys Chief Executive Officer Vishal Sikka said his company was not overwhelmed by the problem of automation and that it is trying to retrain its staff displaced by automation.Sikka was responding to a question on 'what happened to the 11,000 employees' displaced by automat...
Who’s responsible for IT job losses? Ask this recruiter It's become something of a fashion to complain about job losses in India's big IT services firms.Companies like Infosys Ltd, Tata Consultancy Services, Wipro and Cognizant employ over a million people in the country, and have been letting go off tens of thousands this year as...
Indians frantically search for peacock mating data after judge’s remark Search trendsComments by a High Court judge on the odd mating habits of peacocks has given rise to a frenzy of searches on Google from citizens curious to know more about the subject.From practically nothing, the number of searches on the topic 'peacock mating' has explo...
After Zee Entertainment, Sun TV slashes channel prices ahead of TRAI rules After Zee Entertainment, it is the turn of Sun TV to slash its channel prices with effect from Sept 1 in anticipation of the implementation of new channel pricing rules by TRAI.The Telecom Regulatory Authority of India had, three months ago, announced that media companies...
Kerala High court annuls marriage of converted Hindu girl to Muslim man The Kerala High Court has annulled the marriage of a Hindu girl who converted to Islam pointing out that she did not take permission from her parents.According to Sunni Islamic law, it is compulsory for the woman to get the permission of her wali or guardian -- usually her pa...
Cognizant says will layoff employees, close facilities this year Cognizant, one of the largest employers in India, said it will let go off some of its employees and shut down some of its facilities as part of its ongoing shift away from traditional outsourcing to 'digital transformation work'.The company said it is 'accelerating its shift...
Cognizant layoffs may be heading to TN labour courts as FITE preps petitions Forum for IT Employees or FITE -- an organization that claims to speak for ordinary IT workers -- said a group of employees of Cognizant Technology Solutions will approach the office of Labour Commissioner of Chennai today."Affected CTS employees file petition to the Labour ...
NET NEUTRALITY: Netflix says let India decide what it wants to watch Netflix, the world's biggest provider of video-on-demand services, rebuffed attempts by telecom companies to control viewership of online video and said consumers must be allowed to consume any legal content on the Internet without 'gate keeping' or interference by telecom provid...
Supreme Court refuses to change decision in Saumya murder case GovindaswamyThe Supreme Court has dismissed a curative petition filed by the Kerala Government against its decision finding the main accused not guilty in the prominent Saumya rape and murder case of Kerala.The case, analogous to the Nirbhaya episode of Delhi, had shocke...
Bots cut Wipro employee strength by 12,000 A NASA RobotA pioneering artificial intelligence program that started getting deployed around mid-2016 has helped Wipro Ltd reduce its employee numbers by 12,000 people, the company said in its recent quarterly update."The HOLMES platform generated productivity worth ove...
Supreme Court dismisses Center’s reasons for not appointing Lokpal The Supreme Court has dismissed the government of India's stand that it cannot appoint the Lokpal as there was no leader of the opposition.The court's decision came on a bunch of petitions seeking the appointment of a Lokpal is likely to lead to the first ever appointment...
Wipro refuses to reveal how many employees are being laid off Wipro Ltd, one of India's top employers, refused to confirm the exact number of people that it was laying off as part of its annual appraisal process."It is part of the internal appraisal process," company officials said, refusing to go into further details.The media ha...
All liquor shops in Tamil Nadu to remain shut for 3 months The Madras High Court has asked the government of Tamil Nadu not to open any liquor shops for three months after complaints that it did not comply with the Supreme Court order on relocating roadside liquor shops.Unlike in most states in India, alchohol shops in Tamil Nadu are...
Net Neutrality: Vodafone wants right to manipulate Internet videos Telcos want to be able to reduce video qualityVodafone India said it would like to be given the power to manage the size of videos watched by users on its mobile network and lower it automatically "for overall quality welfare".Participating in the discussions related to ...
Telcos Change Tack as Net Neutrality Fight Enters Final Round in India A campaign by Internet Freedom FoundationIf you thought the fight over net neutrality was over with the sending of 1 mln emails to the TRAI two years ago, think again.The telecom service providers, who lost out that in the first round, are back. This time, however, their...
Indian IT industry facing layoffs as conditions worsen, warns Assocham Trump unveiled his 'Buy American, Hire American' program yesterdayIndian IT companies are bound to see "some laying off" of their work force back home due to various negative forces impacting the industry, Assocham -- an association of various industries -- warned."With ...
After Cognizant, Wipro employees on edge as annual appraisal starts India IT growth: Nasscom Strategic Review 2016Employees of Wipro Ltd are nervous as the information technology giant has kicked off its annual appraisal process this month.The first of the several reviews, known as L1 or level 1, has been completed, and at least some emp...