Lok Sabha Question No. 1930 (UNSTARRED), answered on 2018-03-07
Subject: AIJS
Ministry: LAW AND JUSTICE
Asked by: SIRAJUDDIN AJMAL, RATTAN LAL KATARIA

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 1930

TO BE ANSWERED ON WEDNESDAY, THE 07 TH MARCH, 2018.

AIJS

## 1930.  SHRI SIRAJUDDIN AJMAL: SHRI RATTAN LAL KATARIA:

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Government has a proposal for creation of an All India Judicial Service (AIJS) with reservation for minorities;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) whether 6000 judges will be recruited in the coming years;
- (d) if so, the steps taken in this regard;
- (e) the details of vacancies which are left unfilled in the various courts of the country; and
- (f)  whether deficiency of judges is affecting the justice delivery system in the country and if so, the steps being taken in this regard?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS (SHRI P. P. CHAUDHARY)

- (a) & (b): A comprehensive proposal was formulated for the constitution of an All India Judicial Service (AIJS) and  the  same  was  recommended  by  the  Committee  of  Secretaries  in  November,  2012.    The  proposal  was discussed in the Conference of Chief Ministers and Chief Justices of the High Courts held in April, 2013 wherein it  was  decided  that  the  issue  needed  further  deliberation  and  consideration.    Views  on  the  proposal  were  also sought from the State Governments and High Courts.  All India Judicial Service besides attracting some of the best  talent  in  the  country  may  also  facilitate  inclusion  in  judiciary  of  competent  persons  belonging  to underprivileged, marginalised communities and women and also bring the State officers from other parts of the country having different  cultural  background  and  speaking  other  language  from  that  of  the  State  of  allotment. Keeping in view the divergence of opinion among the stakeholders on constitution of All India Judicial Service, the Government has undertaken the consultative process to arrive at a common ground.
- (c) to (e) : As per the Constitutional framework, the selection and appointment of judges in subordinate courts is the  responsibility  of  the  High  Courts  and  State  Governments  concerned.    In  so  far  as  recruitment  of  judicial officers in the States is concerned, respective High Courts do it in certain States, whereas the High Courts do it in consultation with the State Public Service Commissions in other States.  As per information made available by the High Courts and respective State Governments, as on 31.12.2017 the sanctioned strength of Judicial Officers of District and Subordinate Courts is 22,474.  The number of Judges in position and vacant posts are 16,728 and 5,746 respectively.
- (f): The Supreme Court, through a judicial order in Malik Mazhar case, has devised a process and time frame to be followed for the  filling  up  of  vacancies  in  subordinate  judiciary.    This  order  of  January  2007  by  the  Supreme Court  stipulates  that  the  process  for  recruitment  of  judges  in  the  subordinate  courts  would  commence  on  31 st March of a calendar year and end by 31 st October  of  the  same  year.    The  Supreme  Court  has  permitted  State Governments / High Courts for variations in the time schedule in case of any difficulty based on the peculiar geographical  and  climatic  conditions  in  the  State  or  other  relevant  conditions.    Issues  relating  to  increasing judicial  strength  and  timely  filling  up  of  vacancies  have  also  been  discussed  in  the  Joint  Conference  of  Chief Ministers and Chief Justices of High Courts held in August, 2009 and in April, 2013 and during meetings of the Advisory Council of the National Mission for Justice Delivery and Legal Reforms.  Communications have been sent as follow up from the Union Government to the State Governments and High Courts.  This issue was also raised in the 7 th Advisory Council Meeting of the National Mission of Justice Delivery and Legal Reforms where it was discussed that there may be a need for adding some flexibility in the recruitment rules for subordinate court judges to allow multiple sources for direct recruitment of eligible candidates.  During the video conference held recently with Registrars General of all High Courts and Law Secretaries of all State Governments / UTs, the need to  filling  up  of  vacant  posts  of  judicial  officers  in District  and  Subordinate Courts in timely  manner was again emphasised.
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