Lok Sabha Question No. 553 (STARRED), answered on 2017-04-12
Subject: All India Judicial Service
Ministry: LAW AND JUSTICE
Asked by: HARINDER SINGH KHALSA, GEETHA KOTHAPALLI

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

STARRED QUESTION NO. *553

TO BE ANSWERED ON WEDNESDAY, 12 TH  APRIL, 2017

All India Judicial Service

## *553. SHRI HARINDER SINGH KHALSA: SHRIMATI KOTHAPALLI GEETHA:

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

- (a) the present status of the All India Judicial Service for the lower judiciary;
- (b) the details of various views given by the State Governments and courts on the issue;
- (c) whether the Government has finalised the consultative process in this regard
- and if so, the details thereof; and
- (d) the measures taken by the Government to overcome the objections raised by the different High Courts in this regard?

## 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. *553 FOR ANSWER ON 12 TH  APRIL, 2017.

(a) to (d) : 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.

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 the 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 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 included in the Constitution of India.  The State Government 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 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.  The  All    India  Judicial  Service, however is a laudable idea, which will help bring in fresh talent in the process of judicial appointment and will  also  give  opportunity  for  representation  of  deserving  candidates from the inadequately  represented community in the higher judiciary.

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