Lok Sabha Question No. 4129 (UNSTARRED), answered on 2023-03-24
Subject: All India Judicial Service
Ministry: LAW AND JUSTICE
Asked by: Ramcharan Bohra

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

## LOK SABHA

## UNSTARRED QUESTION NO. †4129

## TO BE ANSWERED ON FRIDAY, THE 24.03.2023

## All India Judicial Service

## †4129. SHRI RAMCHARAN BOHRA:

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

- (a) the present status of All India Judicial Service for judiciary;
- (b) the details of various approaches adopted by the stakeholders and courts in this regard;
- (c) whether the Government has held any consultations in this regard and if so, the details thereof; and
- (d) the steps taken by the Government for addressing observations made by various High Courts in this regard?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a) to (d): Article 312 of the Constitution provides for the establishment of All India Judicial Service (AIJS), which shall not include any post inferior to that of a District Judge.  The constitutional provision enables creation of the AIJS at District  Judge  level.  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  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 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  major stakeholders, at present, there is no consensus on the proposal for setting up an All India Judicial Service.

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