Lok Sabha Question No. 963 (UNSTARRED), answered on 2021-12-03
Subject: All India Judicial Service
Ministry: LAW AND JUSTICE
Asked by: Kavitha Malothu, Gaddam Ranjith Reddy, Venkatesh Netha Borlakunta, Dayakar Pasunoori

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 963

## TO BE ANSWERED ON FRIDAY, THE 03.12.2021

## All India Judicial Service

## 963. SHRIMATI KAVITHA MALOTHU: DR. G. RANJITH REDDY: SHRI VENKATESH NETHA BORLAKUNTA: SHRI PASUNOORI DAYAKAR:

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

- (a) whether  the  proposed  All  India  Judicial  Services(AIJS)  is  capable  of tampering  the  federal  structure  ofthe  Constitution  as  lower  judiciary  falls within the domainof States;
- (b) if so, the details thereof and reasons for making fresh attempts for AIJS;
- (c) whether  it  is  true  that  States  like  West  Bengal,Kerala,  Andhra  Pradesh, Uttarakhand, etc., have opposedthe implementation of AIJS; and
- (d) if so, the details thereof and the reaction of theGovernment in this regard?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a) to (d) : Provision  to  create  an  All  India  Judicial  Service  is  provided  for  in Article 312 (1) of the Constitution. In Government's view, a properly framed All India  Judicial  Service  is  important  to  strengthen  overall  justice  delivery  system. This will give an opportunity for induction of suitably qualified fresh legal talent selected  through  a  proper  all-India  merit  selection  system  as  well  as  address  the issue  of  social  inclusion  by  enabling  suitable  representation  to  marginalized  and deprived sections of society.

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.  Besides  attracting  some  of  the  best  talent  in  the country,  it  may  also  facilitate  inclusion  of  competent  persons  from  marginalized sections and women in the judiciary. 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  the  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 favoured the proposal, some were not in favour of creation of All India Judicial Service while some others wanted changes in the proposal formulated by the Central Government.03 States are in favour of constitution of AIJS, 09 States are not in favour, 05 States including Uttarakhand want changes in the proposal and 11States including West Bengal, Kerala, Andhra Pradesh are yet to respond.

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 03rd and 04th 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.  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 proposal of setting up of an All India Judicial service was again discussed on  points  of  eligibility,  age,  selection  criteria,  qualification,  reservations  etc  in  a meeting  chaired  by  Minister  of  Law  and  Justice  on  16th  January  2017  in  the presence  of  Minister  of  State  for  Law  and  Justice,  Attorney  General  for  India, Solicitor General of India, Secretaries of Department of Justice, Legal affairs and Legislative Department.  Setting up AIJS was also deliberated in a meeting of the Parliamentary  Consultative  Committee  in  March,  2017  and  the  Parliamentary Committee on the Welfare of SCs/STs on 22.02.2021.

In  view  of  the  existing  divergence  of  opinion  amongst  the  stakeholders,  the Government is engaged in a consultative process with the stakeholders to arrive at a common ground.

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