Lok Sabha Question No. 1248 (UNSTARRED), answered on 2018-07-25
Subject: AIJS
Ministry: LAW AND JUSTICE
Asked by: RAMCHARAN BOHARA, UDIT RAJ

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. †1248

## TO BE ANSWERED ON WEDNESDAY, THE 25 TH  JULY, 2018.

AIJS

## †1248. SHRI RAM CHARAN BOHRA: DR. UDIT RAJ:

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

- (a)  the  current  status  of  the  progress  made  in  the  creation  of  All  India  Judicial Service (AIJS) in the country;
- (b)  whether  the  suggestions  sought  from  States  and  High  Courts  regarding  the proposed AIJS, have been received and if so, the details thereof;
- (c) whether the Government has constituted any advisory council in this regard and if so, the details thereof;
- (d)  the  steps taken / being taken by the Government to expedite creation of AIJS; and
- (e) whether creation of such a service was ordered by the Hon'ble Supreme Court of India in 2009 and if so, the status of implementation of such proposal?

## ANSWER

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

- (a): Keeping in view the divergence of opinion among the States and High Courts  on  constitution  of  All  India  Judicial  Service  (AIJS),  the  Government has undertaken the consultative process to arrive at a common ground.
- (b): The views of States and High Courts were sought on a comprehensive proposal formulated for constitution of AIJS which was recommended by the Committee of Secretaries in November, 2012.

The  High  Courts  of  Sikkim  and  Tripura  have  concurred  with  the proposal approved by Committee of Secretaries for formation of AIJS.  High Courts  of  Andhra  Pradesh,  Bombay,  Delhi,  Gujarat,  Karnataka,  Kerala, Madhya Pradesh, Madras, Manipur, Patna, Punjab & Haryana and Gauhati have  not  favoured  the  proposal  of  formation  of  AIJS.    High  Courts  of

Allahabad, Chhattisgarh, Himachal Pradesh, Meghalaya, Orissa and Uttarakhand have suggested changes in the age at induction level, qualifications, training and quota of vacancies to be filled through AIJS.  High Courts of Jharkhand and Rajasthan have indicated that the matter is pending consideration. Most High Courts want administrative control over Subordinate Judiciary to remain with the respective High Courts.

State Governments of Arunachal Pradesh, Himachal Pradesh, Karnataka, Madhya Pradesh, Meghalaya, Nagaland and Punjab do not favour the  formation  of  AIJS.    State  Government  of  Maharashtra  wants  the recruitment to be done at Judicial Magistrate First Class (JMFC) level.  State Governments of Bihar, Chhattisgarh, Manipur, Odisha and Uttarakhand want changes  in  the  proposal  formulated  by  the  Central  Government.  State Government of Haryana has stated that the proposal seems to be justified. State Government of Mizoram has supported creation of AIJS on the lines of IAS, IPS and other Central Services.

(c) and (d): 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  levels  was  also  included  in  the agenda for the Chief Justices Conference, which was held on 03 rd and 04 th April, 2015.  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.

Further, the comprehensive proposal formulated for constitution of AIJS which  was  recommended  by  the  Committee  of  Secretaries  in  November, 2012 along with views received from High Courts and States was included in the agenda for the Joint Conference of Chief Ministers and Chief Justices of High Courts held on 05 th April, 2015. However, no progress was made on the subject.

(e): The  Supreme  Court  of  India, vide its  judgment  of  13.11.1991  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.  They have reiterated this later in their judgment of 24.11.1993 in the same case.

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