All India Judicial Service Likely By March 2022

The All India Judicial Service is likely to be a reality by March 22, as per a report of Economic Times.

The government is getting ready to set up All-India Judicial Service (AIJS) by March 2022, according to a proposal submitted by the law ministry to the Union Council of Ministers, reported the ET. It is said that the law ministry has decided to complete the consultation process with the state governments, high courts and Supreme Court by the year end so that AIJS-related issues could be settled by March 2022.

Law Commission Report No-116 of the year 1986 had recommended setting up of the All India Judicial Service. Much prior to this, the Law Commission had made recommendation in its 14th report published in the year 1958. But the states and High Courts have remained divided on this issue.

Article 312, after its amendment in 1976, provides that, if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more All India judicial service common to the Union and the States.

In the year 1995, the Supreme Court in All India Judges Association v.Union of India, directed the Union Government to take immediate measures for setting up the All India Judicial Service.

A petition filed by All India Judges Association, inter alia seeking to direct the Centre to check the feasibility of All India Judicial Service has pending in the Supreme Court since 2015.

The HCs of Sikkim and Haryana and the state governments of Haryana, Mizoram, Sikkim and Tripura favoured constitution of AIJS. Maharashtra, Madhya Pradesh, Karnataka, Punjab, Himachal Pradesh, Meghalaya, Nagaland and Arunachal Pradesh are reportedly opposed to it.

Five states suggested changes, with Bihar seeking major revisions and Chhattisgarh demanding that only 15% vacancies of additional district judges be filled through AIJS. Manipur, Odisha, Uttarakhand have also sought changes. Governments ofe Gujarat, UP, Assam, West Bengal, Telangana, Andhra, Rajasthan, Tamil Nadu, Kerala, Jharkhand and Goa are yet to respond to the proposal.

HCs of Andhra, Maharashtra, Delhi, Gujarat, Karnataka, Kerala, MP, TN, Manipur, Bihar, Punjab and Haryana and Assam are not in its favour. The Calcutta HC has not responded, while HCs of Jharkahnd and Rajasthan are still examining the plan.