All India Judicial Service - 2 High Courts In Favour, 13 HCs Against : Law Minister Tells Lok Sabha

In the Lok Sabha's Zero Hour today, in response to a question regarding the government's stance on the creation of All India Judicial Service Union Minister of Law and Justice Mr.Kiren Rijiju in his written response submitted that the government is "engaged in a consultative process with the stakeholders to arrive on a common ground."

Members of Parliament wanted to elicit the government's opinion on these grounds:

(a) whether it is true that Union Government is considering the revival of proposed All India Judicial Services (AIJS) to recruit judges on the lines of Civil Services;

(b) if so, the details and outlines thereof;

(c) whether the Government is working to reach a general consensus with various State Governments in this regard and if so, the details thereof; and

(d) whether the Government is facing any opposition from some State Governments and High Courts and if so, the details thereof and the steps being taken. 

The statement notes that a properly framed AIJS would strengthen the overall justice delivery system and address the issues of social inclusion by enabling suitable representation to marginalized and deprived sections of society. Mr. Kiren Rijiju stated in a written submission that:

"In Government's view, a properly framed All India Judicial Service is important to strengthen overall justice delivery system. This will give an opportunity for induction of suitably qualified fresh legal talent selected through a proper all-India merit selection system as well as address the issue of social inclusion by enabling suitable representation to marginalized and deprived sections of society."

In the last session of the Parliament, Mr.Rijiju had informed the Rajysabha that there was divergence of opinion among the State Governments and among the High Courts on the constitution of All India Judicial Service.

The written Statement given today discloses the opinion of state governments on this issue-two states (Haryana and Mizoram) are in favour of the constitution of AIJS, eight states (Arunachal Pradesh, Himachal Pradesh, Karnataka, Madhya Pradesh, Maharashtra, Meghalaya, Nagaland, Punjab) are not in favour; five states want changes in the proposal and thirteen haven't given their responses yet on the issue. The Statement briefly notes the opinion of the state governments. 

The Statement notes that Arunachal Pradesh has rejected the proposal on the ground that the state has its own distinct tribal customs and ethos and modes of rendering justice varies from tribe to tribe. In this light, a common judicial service would create "chaos and instability." Himachal Pradesh too in not agreeable to the proposal in light of "ground realities." State of Bihar and Manipur are open to the idea of AIJS but want changes in the proposal, and Chattisgarh wants only 15% of the vacancies to be filled up through AIJS. 

The Statement also discloses the opinion of the High Courts on this issue- two (Sikkim and Tripura) are in favour of the constitution of AIJS, thirteen are not in favour, 06 wants changes in the proposal and two are yet to give their response. The Statement briefly notes the reservations and recommendations of the High Courts. High Courts that are not in favour of AIJS: Andhra Pradesh, Bombay, Delhi. Gujarat, Karnataka, Kerala, Madras, Patna, Punjab and Haryana, Calcutta, Jharkhand, Rajasthan and Odisha. 

High Court of Kerala has expressed its concern with to local language proficiency skills of candidates. The Punjab and Haryana High Court has stated that the idea of AIJS would "erode the federal structure contemplated by the Constitution." Calcutta High Court also has expressed its opinion that AIJS would oppose the principle of federalism in the Constitution of India.

Given the divergence in opinion among the stakeholders- state governments and High Courts- the Government is engaged in a consultative process with the stakeholders to arrive at a common ground. 

Earlier this year the President of India Ram Nath Kovind had spoken about the need for All India Judicial Services to bring the right talent to the judiciary.

Read/Download the Statement of Minister of Law and Justice here