Lok Sabha Question No. 541 (UNSTARRED), answered on 2022-12-09
Subject: All India Judicial Services
Ministry: LAW AND JUSTICE
Asked by: Vishnu Dutt Sharma, Ajay Nishad

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

## LOK SABHA

## UNSTARRED QUESTION NO. 541

## TO BE ANSWERED ON FRIDAY, THE 09.12.2022

## All India Judicial Services

## 541.   SHRI VISHNU DATT SHARMA: SHRI AJAY NISHAD:

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

- (a) whether  the  Government  is  considering  to  create  an  All  India  Judicial Services  so  as  to  make  recruitment  process  in  lower  judicial  service  more efficient, uniform and regular and also to address shortage of judges by filling up the vacancy in Judiciary timely;
- (b) if so, the details thereof;
- (c) whether the Government has formulated or proposes to formulate any plan to provide proper representation to the marginalized sections of the society by setting up the Indian Judicial Service;
- (d) if so, the details thereof; and
- (e) if not, the reasons therefor?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a) to (e) : 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  also 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, thereis no such proposal of All India Judicial Service at this juncture.

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