The Hindu Editorial Analysis- 31st March 2025 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

An IJS is an idea whose time has come

Why in News? 

 Recently, there has been a surge of memes on social media, with one of the most popular stating, “For the first time, a fire brigade has started more fires than it put out.” This reflects the ongoing issue rather than a resolution. 

 Disturbing Incidents 

•  The Delhi fire brigade’s shocking discovery of partially burnt currency notes while extinguishing a fire at the residence of a Delhi High Court Judge has sparked significant controversy. 
•  In response, the Chief Justice of India (CJI) has ordered an internal inquiry, which is expected to be completed and made public soon. 
•  The involved judge has been repatriated to his parent High Court. 

Double Standards in the Judicial System

•  In similar cases, other public servants would face an FIR and investigation, highlighting double standards. 
•  A former CJI faced public outrage for including himself in an inquiry committee regarding a sexual harassment complaint against him, leading to his eventual withdrawal. 

 Key Issues and Their Implications 

 Common Factor in These Cases 

•  All three cases involve High Court Judges selected through the Collegium system. 
•  The Collegium system has been criticized for its lack of transparency and the influence of judicial dynasties, leading to the selection of incompetent judges and nepotism in judicial appointments. 
•  These incidents highlight the urgent need for reform in judicial accountability and selection processes. 
•  The opaque nature of the Collegium system raises concerns about merit and fairness in judicial appointments. 
•  There is a growing demand for greater transparency and accountability within the judiciary. 

 Revival of the NJAC Debate 

•  The National Judicial Appointments Commission (NJAC) Act is being discussed again. 
•  The NJAC Act was passed by Parliament, ratified by 16 State Assemblies, and received Presidential assent in December 2014, but was later struck down by the Supreme Court. 
•  Some believe the Supreme Court could have conducted a judicial review instead of striking down the law entirely. 

 Alternative Solution: Indian Judicial Service (IJS) 

•  A more practical solution than reviving the NJAC debate could be the establishment of an Indian Judicial Service (IJS). 
•  The IJS would follow the Union Public Service Commission (UPSC) model, known for its high competitiveness, transparency, and merit-based selection. 
•  The UPSC currently selects top civil service officers for various services, and a similar national-level selection system for senior judicial positions could ensure fairness and competence. 

 Comparison: Collegium System vs. Indian Judicial Service 

 The Indian Judicial Service (IJS) has the potential to bring much-needed transparency and meritocracy to judicial appointments. Implementing a structured, UPSC-style selection process for judges would help eliminate nepotism and enhance the credibility of the judiciary. Given the past discussions on IJS, this could be the right time to implement it for a more efficient and fair judicial system. 

 Advantages of an Indian Judicial Service (IJS) 

• Inclusivity and Representation: The current higher judiciary is dominated by a few elite families, with poor representation of women and marginalized communities. An IJS would allow meritorious candidates from diverse backgrounds to compete for senior judicial positions. 
• Recruitment by UPSC for Transparency: Entrusting recruitment to the UPSC would ensure a fair and competitive selection process, protecting the judiciary from executive interference. The UPSC, in consultation with High Courts and legal experts, would define selection criteria and recruitment methods. 
• Transparent Selection and Oversight: An open selection process with publicly available details would replace the secretive Collegium system. Comprehensive training after selection would ensure judges are proficient in multiple law branches. The Supreme Court could establish an oversight mechanism to ensure judicial integrity and take disciplinary action against ethical violations. 

 Comparison: Collegium System vs. Indian Judicial Service 

 Conclusion 

 Implementing an Indian Judicial Service (IJS) is vital for ensuring transparency, meritocracy, and inclusivity in judicial appointments. A UPSC-style selection process will help eliminate nepotism, enhance judicial accountability, and restore public confidence in the judiciary. Reforming the current system is essential to uphold the integrity of India’s democratic and judicial institutions.