42nd Amendment

The 42nd Amendment to the Indian Constitution was passed in 1976 during the period of emergency. It made several changes to the Constitution, including the provision for the creation of All-India Judicial Service.

Creation of All-India Judicial Service

The All-India Judicial Service was proposed to establish a uniform system of recruitment and conditions of service for judicial officers across the country. This service would help in improving the efficiency and quality of the judiciary by ensuring merit-based selection and training of judges.

Importance of All-India Judicial Service

1. Uniformity: It would bring uniformity in the recruitment and training of judges, ensuring a high standard of judicial administration throughout the country.

2. Merit-based selection: By introducing a competitive examination for recruitment to the service, it would help in selecting the best candidates based on merit.

3. Specialization: The service would allow for specialization in different branches of law, leading to better expertise among judges in handling various types of cases.

Challenges

1. Resistance from states: Some states have opposed the creation of the All-India Judicial Service, as it would infringe on their autonomy in appointing judges to the subordinate judiciary.

2. Implementation issues: Setting up the infrastructure for conducting examinations, training programs, and ensuring the smooth functioning of the service would be a challenge.

In conclusion, the provision for the creation of the All-India Judicial Service in the 42nd Amendment is a significant step towards improving the quality and efficiency of the judiciary in India. However, its successful implementation would require addressing the challenges and concerns raised by various stakeholders.