Will judges be appointed in courts through AIJS exam? Know what is the government’s planning, crores of cases are pending

New Delhi: The Central Government has said that the process of filling vacancies in courts across the country is going on. Law Minister Arjun Ram Meghwal had told the Rajya Sabha on Friday that the Bar Council of India has made rules for the entry of foreign law firms in India. Rajya Sabha MP Sanjay Kumar Jha raised questions regarding the existing vacancy in the judiciary and the process of filling it. In response to their questions, the Law Minister said that the posts of 5245 judges are vacant in lower courts across the country. There are 364 vacancies in all High Courts and 2 vacancies in the Supreme Court.

What is the government’s planning?

What planning has the government done to fill the vacancies in the judiciary and what is the planning under which the posts will be filled as soon as possible? In response to this question, Meghwal said that High Court judges are appointed under Articles 217 and 224 of the Constitution. This process is an ongoing process between the executive and the judiciary, requiring consultation and approval from various constitutional authorities at the state and central levels. The responsibility of filling the vacancies in District and Subordinate Courts lies with the respective High Courts and State Governments. The Supreme Court in the Malik Mazhar Sultan case of 2007 had set timelines for the recruitment process, which states and high courts are required to follow.

Will there be AIJS exam for appointment?

In response to the question whether the government is thinking of introducing AIJS examination for the appointment of judges, the Law Minister made it clear that there is a provision for the establishment of AIJS in Article 312 of the Constitution, which includes any post below the post of District Judge. Will not done. The proposal regarding AIJS was prepared in 2012 and was placed in the joint meetings of the judiciary and the executive in 2013 and 2015. However, it could not be implemented due to differences between the state governments and the High Court. No concrete progress has been made regarding its formation.

The Law Minister was also asked whether the government is thinking of allowing foreign law firms to practice in India and if yes, what will be the regulation? Has the government talked to all the stakeholders in this matter? On this, Law Minister Meghwal said that no meeting has been held with the stakeholders in this regard. It also informed that the Bar Council of India issued rules for registration and regulation of foreign lawyers and foreign law firms on March 10, 2023. Foreign lawyers can only give advice in the context of foreign and international laws.

They can work only in non-contentious cases. Foreign lawyers are not allowed to appear before courts, tribunals or any such forum. Foreign lawyers will be allowed to appear for their clients in international commercial arbitration. The Bar Council believes that the entry of foreign firms will prove beneficial for Indian lawyers and law firms and will help in making India a hub for international commercial arbitration.

Why is there a need to fill the vacant posts soon?

It is clear from the reply filed by the Central Government regarding the vacancy of judges in the courts across the country that there is huge vacancy in the sanctioned posts for judges in the lower court and high court. The biggest problem is regarding the vacancy in the lower court. Currently, according to the National Judicial Data Grid, there are 4 crore 56 lakh 61 thousand cases pending. Currently 57 lakh 82 thousand 281 cases are pending in the High Courts across the country. At present 82 thousand 171 cases are pending in the Supreme Court. There are 5 crore 15 25 thousand 453 cases pending in courts across the country. In such a situation, there is a need to fill the vacancies of judges as soon as possible, so that the pendency can be reduced.