In the integrated judicial system of India, the state judiciary consists of a high court and a hierarchy of Subordinate Courts, also known as lower courts. The Subordinate Courts are so-called because of their subordination to the state high court. They function below and under the High Court at district and lower levels. Since the subordinate courts have come into existence because of enactments by the state government, their nomenclature and designation differ from state to state. However, the uniformity can be seen in their organisational structure. Articles 233 to 237 in Part VI of the Constitution deal with provisions related to Subordinate Courts.

Appointment of Judges in Subordinate Courts

Appointment of the district judges

Article 233 states that the appointment of the district judge is made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State. Article 233 also lays down certain conditions for a person to be appointed as a district judge. These conditions are as follows:

• The person should not already be in the service of the Union or of the State.
• A person who has at least seven years’ experience as an advocate or pleader
• A person should be recommended by the concerned high court for appointment.

Appointment of judges other than district judges to the judicial service

Article 234 states that appointments for judges other than district judges shall be made by the Governor of the State. This is done in accordance with rules made by the governor on that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.

All India Judicial Service (AIJS)

The AIJS is a reform effort to centralise the recruitment of judges at the additional district judge and district judge levels across all states. AIJS is envisaged as All India Service on the lines of IAS, IPS, and IFoS. Judges of the lower judiciary are to be recruited centrally and assigned to states in the same way the Union Public Service Commission conducts a central recruitment process and assigns successful candidates to state cadres.

History of the All India Judicial Service

• The AIJS was first proposed in the Law Commission’s 14th report in 1958. It was proposed that a statutory or constitutional body, such as the UPSC, conduct a standard, centralised exam to recruit and train judges.
• The idea was revived in the 1978 Law Commission Report, which addressed case delays and arrears in lower courts.
• In its 15th Report in 2006, the Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice supported the idea of a pan-Indian judicial service and prepared a draft Bill.

Supreme Court’s Role in Shaping the All India Judicial Service

• In All India Judges’ Association v. Union of India, the Supreme Court (SC) directed the Centre to establish an AIJS in 1992. In a 1993 review of the judgement, the court left it to the Union government to take the initiative on the issue.
• In 2017, the Supreme Court took suo motu cognizance of the issue of district judge appointment and proposed a Central Selection Mechanism.

Constitutional Provisions for setting up of AIJS

• The 42nd Constitutional Amendment in 1976 amended Article 312 (1), empowering Parliament to make laws for the creation of one or more All-India Services, including an AIJS, common to the Union and the States.
• According to Article 312, the Rajya Sabha must pass a resolution supported by at least two-thirds of its members present and voting. Based on such a resolution, Parliament must pass legislation to establish the AIJS. 

Current Appointment Procedure of AIJS

Articles 233 and 234 of the Indian Constitution deal with the appointment of district judges and delegate authority to the states.

• The selection process is overseen by the State Public Service Commissions and the relevant High Court, as High Courts have jurisdiction over the state’s subordinate judiciary.
• The state Judicial Services exam is conducted to select all lower judiciary judges up to the level of district judge.
• After the exam, panels of High Court judges interview candidates and select them for the appointment.

Benefits of AIJS 

• Efficient Judiciary: It will ensure an efficient subordinate judiciary, address structural issues such as disparities in pay and remuneration across states, fill vacancies more quickly, and ensure consistent training across states.
• Ease of Doing Business: Efficient lower judiciary will enhance the efforts of speedy justice delivery. Businesses working at grassroot level would get access to effective dispute resolution which would help in further improving the ease of doing business in India, as efficient dispute resolution is one of the key parameters in determining the rank in ease of doing business report.
• Judge-to-Population Ratio: According to a Law Commission report (1987), India should have 50 judges per million people. The sanctioned strength has now surpassed 20 judges per million population, but it is far lower compared to the US or the UK, which have 107 and 51 judges per million people, respectively. Due to the streamlined process of appointment through AIJS, vacancies in lower judiciary would be filled in a time-bound manner.
• Inclusivity: The AIJS is regarded by the government as an ideal solution for equal representation of the marginalised and deprived sections of society. As is observed in case of other all India services, AIJS would also give opportunities to backward sections of the society to be a part of the judicial system. Such wider representation in the judiciary would help in strengthening the trust of citizens in the judicial process.
• Attracting Talent Pool: The government believes that if such a service is established, it will help to create a pool of talented individuals who may later become members of the higher judiciary. Presently, the setup of subordinate courts do not attract the fresh talent due to unpredictability and undue delays in judicial exams conducted by the respective states. AIJS would be a prestigious All India Service on the lines of IAS, IPS, and IFoS. So, it would attract fresh talent from law universities across the country.

Centralised recruitment: A centralised approach to recruitment would address issues such as corruption and nepotism in the lower judiciary. Furthermore, the UPSC, which would conduct the AIJS exam, has a clean track record of conducting examinations based on merit.