SC pushes for an all-India NEET-like test to pick judges
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AmitAnand Choudhary
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New Delhi:
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Pushing for major judicial
reforms to bring uniformity in the selection process and curb the
practice of favouritism and nepotism in selection of judges in lower
judiciary, the Supreme Court has decided in principle to introduce a
common test for selection and sought suggestions from states and Union
Territories on the mode of implementing it. Although creation of All
India Judicial Services was proposed way back in 1960, it could not be
implemented due to stiff opposition from various state governments. Even
the Law Commission in its various re
ports has favoured creation of AIJS but it was not considered to be
practical by some of the state governments and high courts and the
proposal was shelved.
As the state governments and HCs have not been able to fill up vacancies in lower judiciary and there have been allegations for favouritism in selection process, the Supreme Court favoured to introduce a central selection mechanism under which a common test would be conducted on all-India level by a central agency which will prepare a merit list of aspiring judges.
Taking suo motu cognisance of a letter written by the Centre to the apex court asking it to introduce single window test for selection of judges, a bench of Chief Justice J S Khehar and Justices A K Goel and A M Khanwilkar said it had held consultations on the issue and decided in favour of the common test. Referring to common medical examination NEET, the bench said test for judges in lower judiciary would also be conducted on the same pattern.It said the central agency would be tasked to conduct the test and prepare a merit list. It, however, made it clear that appointment of judges would be done by respective state governments or high courts and holding common test would not take away their right to appoint judges.
“We want a centralised system for selection process. But the common test would not tamper with the federal structure and appointment would be done by states,“ the bench said.It sought response from states and UTs on introducing the one-window test.
The court noted that there was no uniformity in selection process and the common test would set a common minimum standard for judges across the country . It said students after clearing the exam could opt for the state of their choice and state governments would appoint them. The bench asked Solicitor General Ranjit Kumar whether it should go the “whole hog“ in implementing the common test or should it be implemented in a phased manner.
Kumar and senior advocate Ajit Sinha, appearing for Jharkhand government, strongly favoured the SC's initiative and told the bench that common test be applied at one go and not in different phases.
The bench said it would pass a judicial order for implementing common test for selection of judges and posted the case for hearing to July 10.
The total sanctioned strength of judicial officers in district and subordinate courts is 21,320 as on June 30, 2016. Of these, 16,383 have been filled, leaving 4,937 vacancies. Lack of sufficient number of judges in lower courts has resulted in staggering number of pendency of cases. As per the National Judicial Data Grid, the pendency in district courts is around 2.8 crore and around ten per cent of them -2,32,3781-have been pending over 10 years.
As the state governments and HCs have not been able to fill up vacancies in lower judiciary and there have been allegations for favouritism in selection process, the Supreme Court favoured to introduce a central selection mechanism under which a common test would be conducted on all-India level by a central agency which will prepare a merit list of aspiring judges.
Taking suo motu cognisance of a letter written by the Centre to the apex court asking it to introduce single window test for selection of judges, a bench of Chief Justice J S Khehar and Justices A K Goel and A M Khanwilkar said it had held consultations on the issue and decided in favour of the common test. Referring to common medical examination NEET, the bench said test for judges in lower judiciary would also be conducted on the same pattern.It said the central agency would be tasked to conduct the test and prepare a merit list. It, however, made it clear that appointment of judges would be done by respective state governments or high courts and holding common test would not take away their right to appoint judges.
“We want a centralised system for selection process. But the common test would not tamper with the federal structure and appointment would be done by states,“ the bench said.It sought response from states and UTs on introducing the one-window test.
The court noted that there was no uniformity in selection process and the common test would set a common minimum standard for judges across the country . It said students after clearing the exam could opt for the state of their choice and state governments would appoint them. The bench asked Solicitor General Ranjit Kumar whether it should go the “whole hog“ in implementing the common test or should it be implemented in a phased manner.
Kumar and senior advocate Ajit Sinha, appearing for Jharkhand government, strongly favoured the SC's initiative and told the bench that common test be applied at one go and not in different phases.
The bench said it would pass a judicial order for implementing common test for selection of judges and posted the case for hearing to July 10.
The total sanctioned strength of judicial officers in district and subordinate courts is 21,320 as on June 30, 2016. Of these, 16,383 have been filled, leaving 4,937 vacancies. Lack of sufficient number of judges in lower courts has resulted in staggering number of pendency of cases. As per the National Judicial Data Grid, the pendency in district courts is around 2.8 crore and around ten per cent of them -2,32,3781-have been pending over 10 years.
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