For a new judicial professional class

The news that GoI proposes to seek the consensus of state governments to set up an All-India Judicial Service (AIJS) is welcome. The recognition to have all stakeholders - states, 25 high courts and the Supreme Court - on board is a major step in trying to break the deadlock in the formation of a professional class of judges. The idea has been doing the rounds since Vallabhbhai Patel chaired the Conference of Premiers of the Provinces in 1946 where a national-level cadre was discussed for an independent India. Opposition down the decades has been on three grounds: one, barrier to local language(s); two, disincentivising members of the lower judiciary; three, diluting the independence of the judiciary - essentially, of high courts governing district and taluka courts. All three concerns can be taken care of.

Like IAS and IPS members, the language barrier for AIJS cadres posted outside their home states can be tackled by language training and translators in courts. The existing practice of having no age-bar for exams for direct recruitment when applied to AIJS removes any perceived hindrance to rising through the ranks for deserving candidates in the lower judiciary. Setting up an AIJS should not dilute the power of high courts over lower courts - susceptible to political meddling - with AIJS cadres allocated to states subject to Article 235, which provides high courts control over (and protection from executive interference for) the lower judiciary.

The point is to inject quality into the judiciary, all too riddled by hapless standards and downright corruption (cheating in LLB exams, etc). Now, it's a matter of sitting down and bringing out an AIJS acceptable to all. Which, as GoI wisely recognises, boils down to deft politics.