Lok Sabha Question No. 643 (UNSTARRED), answered on 2022-02-04
Subject: Recruitment of Judges
Ministry: LAW AND JUSTICE
Asked by: Locket Chatterjee

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

## LOK SABHA

## UNSTARRED QUESTION NO. 643

## TO BE ANSWERED ON FRIDAY, THE 04.02.2022

## Recruitment of Judges

## 643. MS. LOCKET CHATTERJEE:

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

- (a) whether the Government has proposed to create all India judicial services for the recruitment of judges at the district level; and
- (b) if  so,  the  essential  elements  thereof  and  the  time  by  which  it  will  be created?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a) to (b) : 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.

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 withinthe  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 High Courts held on 05 th April, 2015.

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  16 th 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,  Department  of 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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