Judicial Accountability and Indian Judicial Service

Recent events have sparked discussions around judicial accountability in India. One incident involved the discovery of half-burnt currency notes in the residence of a Delhi High Court Judge, leading to an internal inquiry ordered by the Chief Justice of India. This situation has highlighted the opaque nature of the judicial selection process and raised calls for reform.

Issues with Current Judicial Selection System

• The selection process by the Collegium of Judges is criticized for its lack of transparency and dominance by a few families, resulting in the selection of potentially incompetent judges.
• The National Judicial Appointments Commission (NJAC) Act, intended to address these issues, was struck down by the Supreme Court, although it had widespread legislative support.

Proposal for an Indian Judicial Service

The idea of an Indian Judicial Service (IJS) is proposed as a solution, modeled after the Union Public Service Commission's competitive, transparent, and merit-based selection process.

• Inclusivity and Representation: The IJS would make the higher judiciary more inclusive, representing diverse sections of society, including women and marginalized communities.
• Recruitment Process: The UPSC could be entrusted with recruiting for senior judicial positions, with criteria set by the Supreme Court in consultation with High Courts and legal experts.
• Transparency: A public, transparent selection process would replace the current closed Collegium meetings, enhancing trust in the judiciary.

Benefits of the Indian Judicial Service

• Ensures merit-based selection, opening judicial positions to candidates across India.
• Insulates the judiciary from executive interference, maintaining its independence.
• Includes a comprehensive training program post-selection, ensuring judges are well-versed in various branches of law.
• Establishes a system of oversight to maintain integrity and discipline within the judiciary.

Conclusion

Implementing the Indian Judicial Service could restore public faith and enhance the image of the higher judiciary in India.