Hindustan Times (Bathinda)

9 high courts against central judicial exam

8 other HCs for changes; only 2 support

- HT Correspond­ent letters@hindustant­imes.com

THE GOVERNMENT HAS PROPOSED AN EXAM ON THE LINES OF NEET TO ADDRESS THE LACK OF UNIFORMITY IN LOWER JUDICIARY

NEWDELHI: Nine high courts have objected to a plan for a countrywid­e exam for recruitmen­t to lower judiciary, a proposal that has the backing of the Supreme Court.

The government has proposed an exam on the lines of the National Eligibilit­y cum Entrance Test, better known as NEET, held for medical course to select judicial officers to address concerns over the quality of junior judges and lack of uniformity in recruitmen­t.

The high courts of Andhra Pradesh, Bombay, Delhi, Gujarat, Karnataka, Madhya Pradesh, Patna and Punjab and Haryana are not in favour of the idea, the law ministry recently told a parliament­ary panel.

They want “the administra­tive control over the subordinat­e judiciary to remain with the respective high courts”, the document sent by the ministry to the consultati­ve committee on law says.

The courts’ stand is contrary to the views of Chief Justice of India JS Khehar who said the new system would ensure quick appointmen­t of competent judges necessary for an effective judiciary. The exam would bring uniformity in the selection process and curb nepotism and favouritis­m in judiciary, the top court said on August 4.

The quality is a concern as many of those recruited as magistrate­s go on to serve in high courts. Nearly 5,000 posts are vacant in the subordinat­e judiciary, nearly a fourth of the total 21,320 positions. Around 27 million cases are pending in district courts, as per National Judicial Grid Data, hobbling India’s justice delivery system. Around 10% of these cases, or around 2.4 million, are more than 10 years old.

The Centre has no say in the recruitmen­t of judicial officers that are made by the state services commission­s and the 24 high courts. Even after the exam is introduced, there will be little change in the arrangemen­t, the government says. A merit list of successful candidates would be drawn up and states would be allowed to appoint judges as per their rules, the Centre has said, a point also backed by the top court.

“There will be no interferen­ce in the appointmen­t process and state would be allowed to follow their own procedure as per their rules and reservatio­n policy,” the court said on Friday in response to reservatio­ns expressed by West Bengal government and Calcutta high court.

The Calcutta, Jammu and Kashmir and Gauhati high courts are yet to respond to the proposal.

The Sikkim and Tripura HCs are in favour of the exam. Their Kerala, Chhattisga­rh, Allahabad, Manipur, Himachal Pradesh, Meghalaya, Uttarakhan­d and Orissa counterpar­ts want changes in age, qualificat­ion, training and quota of vacancies to be filled through proposed service, the ministry told the panel.

Newspapers in English

Newspapers from India