Lok Sabha Question No. 4183 (UNSTARRED), answered on 2018-03-21
Subject: All India Judicial Services
Ministry: LAW AND JUSTICE
Asked by: RITI PATHAK

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

## LOK SABHA

UNSTARRED QUESTION NO. †4183 TO BE ANSWERED ON WEDNESDAY, THE 21 ST MARCH, 2018.

## All India Judicial Services

## †4183. SHRIMATI RITI PATHAK:

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

- (a) the present status of All Indian Judicial Service for subordinate judiciary;
- (b) the details of various opinions given by the State Governments and courts in this regard;
- (c) whether the Government has completed the consultation process in the matter;
- (d) if so, the details thereof; and
- (e) the steps taken by the Government to remove the objections raised by various High Courts in this regard?

## ANSWER

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

(a) to (e): A comprehensive proposal was formulated for the constitution of All India Judicial Service (AIJS) which 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 wherein it was decided that the issue needs further deliberation and consideration.  The views of the State Governments  and  High  Courts  were  sought  on  the  proposal.    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.

Only High Courts of Sikkim and Tripura have concurred with the proposal approved by Committee of Secretaries for formation of All India Judicial Service.  High Courts of Allahabad, Chhattisgarh, Himachal Pradesh, Kerala, Manipur, Meghalaya, Orissa and Uttarakhand have suggested changes in age at induction level, qualifications, training and quota of vacancies to be filled through All India Judicial Service.  Rest of High Courts have not favoured the idea.  Most of the High Courts want the administrative control over the Subordinate  Judiciary  to  remain  with  the  respective  High  Courts.    The  High  Courts  of  Jharkhand  and Rajasthan have indicated that the matter regarding creation of AIJS is pending consideration.  No response has been received as yet from the High Courts of Calcutta, Jammu & Kashmir and Gauhati.

The  State  Governments  of  Arunachal  Pradesh,  Himachal  Pradesh,  Karnataka,  Madhya  Pradesh, Meghalaya,  Nagaland  and  Punjab  do  not  favour  the  formation  of  AIJS.    The  State  Government  of Maharashtra wants the recruitment to be done at Judicial Magistrate First Class (JMFC) level which is not in consonance with the provisions of AIJS as included in the Constitution of India.  The State Governments of Bihar,  Chhattisgarh,  Manipur,  Orissa  and  Uttarakhand  want  changes  in  the  proposal  formulated  by  the Central Government.  The State Government of Haryana has stated that the proposal seems to be justified. The State Government of Mizoram has supported creation of AIJS on the lines of IAS, IPS and other Central Services.    The  State  of  Jammu  and  Kashmir  has  mentioned  that  provisions  of  Constitution  of  India  for formation of AIJS incorporated in the Constitution by 42 nd Amendment Act, 1976 are not applicable to the State of Jammu and Kashmir.  No response has yet been received from rest of the states.

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.

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.