Lok Sabha Question No. 2189 (UNSTARRED), answered on 2017-03-15
Subject: All India Judicial Service
Ministry: LAW AND JUSTICE
Asked by: BHAGIRATH PRASAD, KONDA VISHWESHWAR REDDY, BOORA NARSAIAH GOUD, R. VANAROJA

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

## LOK SABHA

## UNSTARRED QUESTION NO. 2189

## TO BE ANSWERED ON WEDNESDAY, 15 th MARCH, 2017

All India Judicial Service

2189. DR. BHAGIRATH PRASAD: SHRI KONDA VISHWESHWAR REDDY: DR. BOORA NARSAIAH GOUD: SHRIMATI VANAROJA R:

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

- (a) whether the Government has revived the proposal to constitute an All India Judicial Services (AIJS) for appointment of district judges through a rigorous examination process to be conducted by the Union Public Service Commission and if so, the details thereof;
- (b) whether  there  are  at  least  4400  vacancies  of  judges  in  the
- subordinate judiciary and if so, the reasons therefor ;
- (c) whether it is true that the proposal to set up an AIJS has been pending since 1960 and if so, the reasons therefor;
- (d) whether it is also true that the Government has held discussion
- with all concerned parties/ stakeholders in this regard; and
- (e) if so, the details thereof and the outcome thereof?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

## (SHRI P. P. CHAUDHARY)

(a) to (e):  The creation of All India Judicial Service was recommended by Law Commission of India in its 14th Report (1958).  Later, Law Commission reiterated  such  recommendation  in  77th  Report  (1978)  and  116th  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 the High Courts on the constitution  of  All  India  Judicial  Service.   While  some  State  Governments and High Courts were not in favour of creation of All India Judicial Service, some  other  State  Governments  and  High  Courts  wanted  changes  in  the proposal formulated by the Central Government.The proposal for constitution of All India Judicial Service with views from the High Courts and State  Governments  received  thereon  was  included  in  the  agenda  for  the Joint Conference of Chief Ministers and Chief Justices of the High Courts held on 05 th April, 2015.  However, no progress was made on the subject. 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 judges / judicial officers at all level was also included in the agenda for the Chief  Justices  Conference,  which  was  held  on  03 rd and  04 th 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.

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.

The filling of vacancies of Judges / Judicial officers in Districts and Subordinate Courts is within the domain of the State Governments and the High Courts concerned.  However, as per the Court News (July-September, 2016)  of  Supreme  Court,  4846  posts  of  Judges/ Judicial  Officers  were vacant in the District and Subordinate Courts as on 30.9.2016.

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