Recent Media reports opposing creation of National Judicial Service (NJC ) by 9 high courts ( AP,Bombay, Delhi, Gujarat, Karnataka, MP, Patna, Punjab &Haryana) make disturbing reading.While, Sikkim,Tripura Jharkhand ,Rajasthan are still to firm-up their stands,States like Kerala, Chhatisgarh, Allahabad,Manipur, HP, Meghalay, Orissa oppose Centre’s proposal.
Relying on provisions in the Constitution buttressed by advice/ recommendations of the Law Commission, the Supreme Court and the Parliamentary Standing Committee on law and justice, the ruling dispensation wrote to all States for seeking their views. It is not competent to create a new Service unilaterally.
As per proposed scheme of things ,the Centre will have no say in the recruitment and posting process. Top judiciary to have full authority in selection and appointment of judicial officers. No executive interference. The merit order list to be prepared based on cut-offs and reservation policy as decided by top judiciary.
The States have their own judicial services; administrative control vesting with High courts. Unless the High courts and States agree to creation of NJS , the Centre cannot decide.Recruitments are presently made either by High courts or State PSCs. Attracting best talent becomes the casualty. Roles of some State PSCs have been dubious. Charges of nepotism, favouritism, flying thick and fast.Posts on sale by auction.Chairperson of UP-PSC is facing the heat for selecting candidates belonging to a particular community.All under former ruling dispensation.
Consider loop holes in the existing process of selection . No consistency, no uniformity in the conduct of exams by different States. Different syllabii and different difficulty levels of Question papers set by different examiners. And worse, different norms of valuation. Recruitments are presently made either by High courts or State PSCs. Attracting best talent becomes the casualty.
It is strange that the unethical practices Take Subordinate Judiciary. Position far from hunky dory. Pathetic Charges of corruption, favouritism and arbitrariness abound. Zero accountability .
Poor qualities of judgements.Frequent adjournments on frivolous grounds cause undue harassments to litigants. Unholy nexus between the prosecution and the defence lawyers with blessings of willing judges. Tareekh pe tareekh; tareekh pe tareekh, a bollywood jumla, is a ground reality.
The judiciary habitually complains of large backlog of vacancies of sub-judges when questioned by higher courts about massive pendency of cases numbering about 3 crores.
Around 5,000 posts of sub-judges are reportedly lying vacant.Intake is low and quality poor.
This is admitted privately by members of the Bar.
The Supreme court is urged to put its foot down and give due consideration to ensure transparency in making fool-proof selection of meritorious judges to subordinate judiciary.