A
Public Interest Litigation seeking establishment of Indian Judicial Services in
the lines of Indian Administrative Service has been filed by Supreme Court
Lawyer and BJP leader Ashwini Kumar Upadhyay before the Delhi High Court.
In
his PIL, Ashwini Upadhyay, who is also a BJP Spokesperson, contends that,
establishment of IJS under the Article 312 of the Constitution of India, is not
only necessary to provide equal opportunity to all prospective Advocates in
spirit of the Article 16 but also essential to secure fundamental right of fair
trial and speedy justice to all the citizens in spirit of Article 21. IJS has
not been established in spite of constitutional provision and despite the Apex
Court strongly endorsed it, he states in his petition.
He
further states that, while most government department has ‘All India Service’
recruits, the Judiciary is the only setup that does not have a national level
selection process to attract the best prospective Advocates. “When IAS officers
can be allotted State cadres and adjust to local requirements, why can’t IJS
officers? Every organ of the State including the judiciary needs to be
accountable to the public. People need to know how judges are appointed, what
criteria they have been evaluated on. Many judges appointed by the collegiums
or by political intervention may have been brilliant, yet their recruitment
process is questionable. Judiciary should reflect social reality and the
country’s diversity,” the petition reads.
Ashwini
Upadhyay also ‘feels’ that retirement age of the High Court Judges should be 65
years and retirement age of the Supreme Court Judges should be 70 years. Delhi
High Court will hear the matter on Tuesday. The Delhi High Court, in an earlier
petition by Ashwini Upadhyay had
directed the Government to take a decision on the establishment of All
India Judicial Service (AIJS), on lines of the Administrative and Police
Services.
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