Lok Sabha Question No. 1 (STARRED), answered on 2016-11-16
Subject: All India Judicial Service
Ministry: LAW AND JUSTICE
Asked by: SUSHIL KUMAR SINGH, SUMEDHANAND SARASWATI

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## STARRED QUESTION NO. *1

TO BE ANSWERED ON WEDNESDAY, 16 TH  NOVEMBER, 2016

All India Judicial Service

- *1.  SHRI SUSHIL KUMAR SINGH: SHRI SUMEDHANAND SARSWATI:

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

- (a)  whether  suggestions  have  been  received  from  various  quarters  for  the creation  of  a  new  All  India  Judicial  Service  on  the  lines  of  the  All  India Services and if so, the details thereof;
- (b) whether the Government has sought views of various State Governments in this regard and if so, the details in this regard;
- (c) whether objections have been raised by States in regard to creation of such new service and if so, the details and reasons cited therein; and
- (d) the likely benefits of the unified All India Judicial Service and the challenges being faced in its creation?

## ANSWER

## MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) to (d): A Statement is laid on the Table of the House.

## STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (d)  of  LOK  SABHA STARRED QUESTION NO. *1 FOR ANSWER ON 16 TH  NOVEMBER, 2016.

(a)  to  (d)  :  The  creation  of  All  India  Judicial  Service  was  recommended  by  Law Commission of India in its 14 th Report (1958).  Later, Law Commission reiterated such recommendation in 77 th Report (1978) and 116 th Report (1986).  The Supreme Court of India  in  the  matter  of  All  India  Judges  Association versus Union  of  India  and  others, recommended  that  Government  should  examine  the  feasibility  of  implementing  the recommendations of the Law Commission for setting up of All India Judicial Service. The issue of creation of All India Judicial Service was considered and recommended by the  First  National  Judicial  Pay  Commission  (FNJPC)  better  known  as  Justice  Shetty Commission.

A  comprehensive  proposal  was  formulated  for  the  constitution  of  an  All  India Judicial Service (AIJS) and the same was approved by the Committee of Secretaries in November, 2012.  The proposal was included as an agenda item in the Conference of Chief  Ministers  and  Chief  Justices  of  the  High  Courts  held  in  April,  2013  and  it  was decided that issue needs further deliberation and consideration.  The views of the State Governments and High Courts were sought on the proposal.  There was divergence of opinion  among the State Governments and among High Courts on constitution of All India  Judicial  Service.    While  some  State  Governments  and  High  Courts  were  not  in favour  of creation  of All  India  Judicial  Service  in  some  other  cases  the  State Governments  and  High  Courts  wanted  changes  in  the  proposal  formulated  by  the Central Government.

Requirement of the knowledge of local language is one of the important factors affecting creation of All India Judicial Service.  It is apprehended that lack of knowledge of local language will erode the judicial efficiency both in regard to understanding and evaluating  the  evidence  as  well  as  in  pronouncing  the  judgment.    The  second apprehension has been regarding the erosion of control of State High Courts over the district  /  subordinate  judiciary.    The  third  apprehension  is  whether  All  India  Judicial

Service based on direct recruitment for twenty five percent posts of District Judges will have an all India character.

All  India  Judicial  Service  will  help  to  strengthen  the  federal  governance  by  not only attracting some of the best talent in the country, but also by bringing to the States judicial officers from other parts of the country having different cultural background and speaking  other  language  from  that  of  the  state  of  allotment.    It  will  also  facilitate inclusion in judiciary of competent persons belonging to underprivileged and marginalised communities.  By this, greater national integration  will  be  promoted  and knowledge of judicial administration from other parts of the country will be shared.  AIJS will  enable  better  application  of  laws  and  procedures  across  the  country  and  the harmonized procedures would, in turn, help in promoting better judicial governance.

However, 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.

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