A statement by Union Law Minister Ravi Shankar Prasad in Parliament that a properly framed All India Judicial Service on the lines of Civil Services is important to strengthen the justice delivery system in the country. However, not much need be read into this statement as it has come by way of a written reply, in Rajya Sabha, and not as a policy push or affirmation of the Modi-led central government.
The central government has not serious about this proposal since 2012, or much earlier too. The minister himself admitted that a comprehensive proposal was formulated and approved by the Committee of Secretaries in that year. Eight years have passed without any action, other than casually circulating the matter for comments from state governments. The matter was left unattended thereon, rather than taking things forward.
When the minister says such a service is good for justice-dispensation, a question is why did he, as minister for law, sit pretty on it for seven years since he took charge of the ministry in 2014? What little was done by the government thereafter was to include the proposal in the agenda of the high court chief justices’ conference in 2015 and then conveniently put it back in cold storage. In fact, the present Chief Justice of India, Justice Sharad Arvind Bobde, made a statement shortly after he took over in 2019 that he would push for a national judicial service. He is to retire next month.
The judiciary was thought to be sacrosanct until recently and then skeletons started tumbling out of its cupboard. Fashioned on the British legal systems, it is facing problems of ageing, corruption and much more which are well-known by now, at least in part. Crores of cases are pending in Indian courts.
Lots of those manning the judiciary today are relatives of those who held posts in the judiciary in the past. What this means is all too clear.
The Modi government(s) hardly touched on critical matters such as these on multiple fronts. It is natural that, over time, the strengths of systems get reduced, and reforms are the way forward. Lack of strong leadership with the vision and courage to change things for the better is a problem that India is facing. Since the turn of the century, things are going from bad to worse. The judiciary is the last refuge of the people, over and above the political leadership. It must retain its original strengths and improve upon it too.