All India Judicial Service Need Of The Hour: Former CJI DY Chandrachud

The Ex-CJI was attending a program hosted by Odisha Television Network (OTV) in Bhubaneswar on Wednesday.  

While answering a question about judicial reforms and live-streaming, he said judicial vacancies, especially in the district judiciary, need to be filled up as soon as possible. He said that recruitment to the district judiciary is not done by the Government of India or Supreme Court and it is carried out by the Governors (through Public Service Commissions) in consultation with High Courts.

“There is about 21% vacancy in the district judiciary today. I think we should consider whether we can introduce an All-India Judicial Service. The AIJS can be brought in basing on the model of central civil services by making necessary modifications. It is too important to introduce the service.”

He further addressed the concerns expressed by the State Governments that introduction of a central service for recruitment into the district judiciary has the potential to tamper with the federal principles.

“My answer to that is this we should have one common examination for recruitment all over the country. So that you will get the best from across the country. Someone from Tamil Nadu can come to Odisha, somebody from Odisha can go to Meghalaya, somebody from Maharashtra can go to Jammu & Kashmir and someone from Jammu & Kashmir to Gujarat, so that we will really subserve the entire purpose of integrating India into one nation.”

So far as objections raised by the States regarding implementation of reservations are concerned, the ex-CJI said that one common entrance examination can be done and then recruitment can be made on the basis of the merit list in that examination, by applying the reservation criteria applicable in each State.

Pertinently, the President of India Smt. Droupadi Murmu had earlier supported the idea of introduction of the AIJS. While the inaugural session of Constitution Day celebrations at the Supreme Court in 2023, she put forth a proposal for the introduction of AIJS. She envisioned a mechanism that would identify and nurture talented individuals from the legal fraternity to become judges. The President expressed her desire to support young, talented, and loyal individuals and stated that since there was an All-India examination to become IAS and IPS officers, the same opportunity should be extended to those aspiring to serve in the judiciary.

"I wish to do something for such children so that they can come here. They're young, talented, energetic, and loyal to the country. For IAS, IPS, there is an all India examination. There can be an All India Judicial Service which can select brilliant young stars and nurture and promote their talent from lower level to higher level. I leave it to your wisdom to devise any effective mechanism that you deem fit to achieve the strengthening of justice delivery system," she had stated.

Notably, Article 312 under Part-XIV of the Constitution confers power on the Rajya Sabha to create an All-India Service. In July 2022, the then Union Minister for Law & Justice Kiren Rijiju had informed the Rajya Sabha that there was no proposal to bring AIJS due to lack of consensus among various State Governments and High Courts. Again, in December 2022, while answering two Members of Parliament, Mr. Rijiu had stated that there was no proposal for an AIJS.