There are about 5,000 vacancies in subordinate judiciary which has a sanctioned strength of 21,000 positions
After several states registered their opposition to All India Judicial Services as a means to appoint judges, the government has now proposed an exam on the lines of NEET to appoint judges in lower judiciary. Pertinently, many states including some ruled by the BJP, objected to the formation of an all-India judicial service, a 60-year-old idea. Seven states, including BJP-ruled Madhya Pradesh, Arunachal Pradesh and Karnataka have opposed the formation of an all-India judicial service.
There are about 5,000 vacancies in subordinate judiciary which has a sanctioned strength of 21,000 positions. Many judges from the lower judiciary also get promoted to high courts. At present, the Centre has absolutely no say in these recruitments which are made by the state services commissions and the 24 high courts. The suggestion for a NEET-like examination was sent to the Secretary General, Supreme Court by the Secretary (Justice) in the Law ministry. The letter has since been sent to the states for views. The matter may come up for hearing in July once the Supreme Court reopens after the summer break.
"Adoption of the model followed by the Central Board of Secondary Education (CBSE) for conducting the National-Eligibility-cum-Entrance Test (NEET) for admission to undergraduate and postgraduate medical courses could also be explored. As per the process followed by NEET, the CBSE is responsible for conducting the entrance test, declaration of result and preparation of an all-India rank," the letter states.
Besides the NEET model, the ministry has suggested various models to the apex court so that vacancies in the subordinate courts are filled up fast. One proposal is that of a "centralised examination" by a "recruitment body" for selection of candidates and it can work under the supervision of the Supreme Court.
Another suggestion that the ministry made was that Union Public Service Commission (UPSC) can also be asked to hold an exam to recruit judicial officers. The UPSC, it said, can modify its procedures and practices in consultation with the high courts to hold the specialised test. The Secretary (Justice) has also suggested that some of the features followed by the Institute of Banking and Personnel Selection could also be followed to recruit judges to lower courts.
The letter has been written in the backdrop of a meeting held on April 8 between representatives of the government and the judiciary to discuss speedy justice where the issue of vacancies in lower courts also came up for deliberation. During the meeting, chaired by Supreme court judge Adarsh Goel, who heads the Arrears Committee, it was suggested that an alternative methods of recruitment, such as creation of a central selection mechanism, could be introduced.
The Centre has been raising the issue of vacancies in lower judiciary to push for a reform in the current system of recruitment in the lower judiciary before which around three crore cases are pending. In its letter, the law ministry acknowledged that while there has been a gradual increase in the sanctioned strength of the subordinate judiciary, the working strength of judges is still low due to delay in filling up vacancies.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "NEET exam")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}