All India Judicial Service Is Important, But At Present There Is No Consensus: Law Ministry

In response to the question raised by MP Dr. Beesetti Venkata Satyavathi on government’s plan to set up All India Judicial Service, the Law Ministry has responded that at present, there is no consensus on the proposal for setting up an All India Judicial Service (AIJS).

However, the reply also stated 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, it added.

It also clarified that when views of the State governments and High Courts were sought in 2013 on the proposal of AIJS which was also approved by Committee of Secretaries, it said that “While some State Governments and High Courts favoured the proposal, some were not in favour of creation of All India Judicial Service while some others wanted changes in the proposal formulated by the Central Government.”

The matter regarding creation of a Judicial Service Commission to help the recruitment to the post of district judges and review of selection process of judicial officers at all level was also included in the agenda for the Chief Justices Conference, which was held on 03rd and 04th April, 2015, wherein it was resolved to leave it open to the respective High Courts to evolve appropriate methods within the existing system to fill up the vacancies for appointment of District judges expeditiously, it stated further.

In the reply, it was stated further that AIJS was also the part of discussion in 2017 in a meeting of the Parliamentary Consultative Committee and the Parliamentary Committee on the Welfare of SCs/STs in 2021.

It concluded that, “In view of the existing divergence of opinion amongst the major stakeholders, at present, there is no consensus on the proposal for setting up an All India Judicial Service.”

The provision for AIJS was added to the constitution in 1976 by the 42nd Constitution Amendment which inserted a clause in Article 312. It enables creation of AIJS at District Judge level and not below that.

Answering further to the query to state details of other steps taken by the Government to ensure representation of marginalized sections of the society in the higher judiciary, the government responded that “In the present system of appointment of Judges to the constitutional courts through the Collegium system, the onus to provide social diversity and representation to all sections of the society including SC/ST/OBC/Women/Minorities, primarily falls on the Judiciary.”

Furthermore, it added that government “has been requesting the Chief Justices of High Courts that, while sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in appointment of Judges in High Courts.”

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