The judicial service is considered as one of the supremely respected and honourable portfolios that one holds. The judges are entrusted with the duty of administering justice. It clearly establishes the saying “with power comes responsibility”. One of the long plagued problems of the Indian judiciary is the undue delay in justice on an avalanche of pending cases.The ever increasing vacancies in the judiciary have drawn attention towards the need of appointing judges. Whereas the appointments in the Supreme Court and High Courts are made the requirement of appointment in the lower judiciary is neglected. There are crores of cases pending resolution in the lower judiciary. Currently, the appointment in the District Courts is made by respected states which prevent the states to recruit candidates in a timely and efficient manner.
The Union Law Minister Ravi Shankar Prasad in one of his interviews threw light on the incompetence of judiciary in appointing judges to the district and subordinate courts. There are 4,937 judicial vacancies in the district and subordinate courts. These vacancies pose a serious question on the judiciary and its appointment mechanism. The crores of cases piled up in the courts have created an alarming situation which necessitates the appointment of judges in the respective courts.
The major reason of lack of adequate judges in the lower judiciary is the absence of timeframe in the conduct of examinations. The appointment in the lower judiciary is made through three-tier examinations conducted by the respective states which are not conducted in a timely manner. States like Bihar, U.P, and Delhi do not conduct examination every year which is discouraging for thousands of aspirants struggling to render service in the judicial services. The judicial and legal services are the medium of serving society and the purpose will not be fulfilled if the litigant has to wait in queue for a long time. These vacancies not only delay justice but raises a question of the judicial system. It’s high time that a uniform system of examination like CLAT, CAT, and NEET requires to be conducted for the recruitment of judicial officers. Country-wide examinations for judicial service will not only bring transparency but also remove lack of uniformity in recruitment.
It is necessary that the administrative control over the subordinate judiciary is removed from the respective High Courts for better and talented junior judges. All India Examinations for recruiting judicial officers will not only aid in filling up the vacancies rapidly but will also strengthen the number of judicial officers. A new system of quick appointment of competent judges is necessary for an effective judiciary.
Credits: Advocate Sneha Suman