An IJS is a well-timed idea.
• The recent discovery of half-burnt currency notes by the Delhi fire brigade during a fire in the official residence of a Delhi High Court Judge has sparked public outrage and calls for an early internal inquiry.
• The incident has sparked questions about the effectiveness and transparency of the internal inquiry mechanism.
• Two recent developments have heightened the focus on judicial accountability, raising questions about the effectiveness and transparency of the current internal inquiry mechanism.
• The Supreme Court of India has objected to an order by the Lokpal to refer a corruption complaint against a High Court Judge to the Chief Justice of India (CJI).
• A High Court Judge’s order that grabbing body parts of a minor girl and ‘breaking the strings of her pyjama’ were not enough to charge an accused with the offence of rape or attempt to rape has been stayed by the Supreme Court due to its “total lack of sensitivity.”
• The existing system of selection by the Collegium of Judges has been criticized for its opaque nature and the stranglehold of a few families over this system.
• The debate on the National Judicial Appointments Commission (NJAC) Act has been revived, with the Supreme Court choosing to strike it down.
• The author suggests a simpler solution to this issue: an exclusive all India service for senior positions in the judiciary, similar to the Union Public Service Commission’s competitive, transparent, and merit-based selection process for civil services.
• The author believes that having an Indian Judicial Service would result in the higher judiciary becoming more inclusive and representative, insulate the judiciary from executive interference, and ensure a transparent selection process.