The establishment of All India Judicial System is a positive step, but it faces constitutional hurdles such as division of powers between the central and state governments and complexities in the appointment and transfer of judges.
- The establishment of an All India Judicial System is viewed as a positive step towards ensuring equal access to justice in India.
- However, there are several constitutional hurdles that present challenges in implementing this system effectively.
- One constitutional hurdle is the division of powers between the central government and the state governments.
- India follows a federal system in which powers are divided between the central government and the state governments.
- This division of powers can create conflicts and jurisdictional issues between the two levels of government, affecting the functioning of the judicial system.
- Another constitutional hurdle is the appointment and transfer of judges.
- The appointment and transfer of judges is a complex process that involves the executive, judiciary, and the legislature.
- Lack of consensus and delays in the appointment process can lead to vacancies in the judiciary and impact the efficiency of the judicial system.
- Despite these hurdles, efforts are being made to address these challenges and strengthen the judiciary.
- Various reforms, such as the introduction of National Judicial Appointments Commission (NJAC) and the setting up of specialized courts, have been proposed or implemented to streamline the functioning of the judicial system and improve access to justice.