Daijiworld Media Network - New Delhi (SP)

New Delhi, Aug 7: The central government's efforts to give a push to long-pending issue of conducting all India level examination and appointment of judges of the lower judiciary has faced stiff resistance from nine courts including Karnataka. These courts are objecting to the proposal mooted by the union government to hold country-wide examination on the lines of National Eligibility cum Entrance Test being held for entry into medical degree courses.

High courts of Andhra Pradesh, Bombay, Delhi, Gujarat, Karnataka, Patna, Madhya Pradesh and Haryana have not favoured the idea mooted by the centre. This was disclosed by the union law ministry to a parliamentary panel on the issue. These high courts want to keep control over subordinate judiciary with themselves, the ministry said in its report to the parliamentary consultative committee on law.

There is worry over 4,452 unfilled posts of junior level judges reported as at 2015 in various subordinate courts. These appointments are not being held in an orderly or standardized manner. Therefore, the central government wanted to take over the right to make these appointments through the formation of All India Judiciary Appointments Commission. Out of 24 high courts to which this proposal was sent, nine high courts have expressed their resistance, and reiterated to retain the right of appointment with themselves. Eight high courts, Allahabad, Chhattisgarh, Himachal Pradesh, Kerala, Manipur, Meghalaya, Odisha and Uttarakhand, have suggested some changes while two high courts have expressed support to the central proposal. Three of the high courts have not given any feedback, the law department stated.

The high courts which have opted for changes want the same in eligibility age, training, reservation criteria etc. Sikkim and Tripura high courts are yet to convey their opinions on the proposal.

Actually, the suggestion now put before the states is several decades old. There had been demand since the era of Nehru to make sweeping changes in appointments to lower courts as quality and standard are often found to be lacking. Because of high number of unfilled vacancies, the centre had proposed to fill appointments by holding nation-wide examination, a proposal which was supported also by Supreme Court. Union Public Service Commission, to which a proposal to hold this examination had been sent, had agreed to meet this demand.

The centre also has suffered loss of face in the issue of dismantling of the collegium system. The proposal sent by the central government in response to the Supreme Court's directions to send revised proposal to make changes in the collegium system after dismissal of National Judiciary Commission set up by the centre, was shot down by a five-member collegium committee of the Supreme Court. The committee has said that it will handle the work of appointment of judges to high courts and Supreme Court on its own, duly adding that the judiciary should never work under some other system, and it should remain independent. The chie fsecretary of Supreme Court had sent the final draft of the memorandum of procedure to the central government during March this year, assertign that that Supreme Court has not made any change sin its earlier stand on the issue.

The centre had proposed some changes after Justice J Chalameshwar and Justice Ranjan Gogoi who were in the constitution bench which delivered judgement in Justice C S Karnan's case, had said that a suitable system should be in place for appointment of judges. Notably, the collegium committee which rejected the proposal also has Justice Ranjan Gogoi and Justice Chalameshwar as members. In an effort to mediate with the Supreme Court to see that a final decision on collegium is delivered before the current Chief Justice of India, J S Khehar, retires on August 27, additional chief secretary to Prime Minister, P K Mishra, had initiated a plan of action but it has failed with the snub received from the Supreme Court.

Nine high courts have objected to a plan for a country-wide 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 parliament 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.