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Examine the viability and challenges in implementation of All India Judicial Service as a reform in recruitment and appointment to the subordinate judicial services in India.

Topic: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

2. Examine the viability and challenges in implementation of All India Judicial Service as a reform in recruitment and appointment to the subordinate judicial services in India. (250 words)

Reference:  The Hindu

Why the question:

Many law commissions and the judiciary in many cases have called on the administration to consider and implement All India Judicial Services (AIJS). Thus the question.

Key Demand of the question:

Discuss and examine the feasibility of All India Judicial Service as a reform in recruitment and appointment to the subordinate judicial services in India.

Directive:

Examine – When asked to ‘Examine’, we must look into the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.

Structure of the answer:

Introduction:

Start by expounding on the idea of All India Judicial services in brief.

Body:

The answer body must have the following aspects covered:

First present brief history of the origin of the idea; The idea for an ‘All India Judicial Service (AIJS)’ was first proposed by the 14th Report of the Law Commission of India in 1958, aimed at creating a centralized cadre of District Judges. In the All-India Judges case in 1992 the apex court had opined that the recommendations of the Law Commission on the setting up of AIJS should be examined and implemented. Similar opinions were expressed in the All India Judges Association Vs. Union of India (2002) case as well. In 2019 there had been a consultative process for the creation of the All India Judicial Service (AIJS).

Account for the constitutional perspective.

Present arguments both in favour and otherwise.

Discuss the concerns associated.

Conclusion:

Conclude with its importance.