Lok Sabha Question No. 191 (STARRED), answered on 2021-12-10
Subject: All India Judicial Services
Ministry: LAW AND JUSTICE
Asked by: Bidyut Baran Mahato, Adoor Prakash

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA

## STARRED QUESTION NO. 191

## TO BE ANSWERED ON FRIDAY, THE 10.12.2021

## All India Judicial Services

## *191. SHRI BIDYUT BARAN MAHATO: ADV. ADOOR PRAKASH:

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

- (a) whether  it  is  true  that  Union  Government  is  considering  the  revival  of proposed All India Judicial Services(AIJS) to recruit judges on the lines of Civil Services;
- (b) if so, the details and outlines thereof;
- (c) whetherthe  Government  is  working  to  reach  a  general  consensus  with various State Governments in this regard and if so, the details thereof; and
- (d) whether the Government is facing any opposition from some State Governments  and  High  Courts  and  if  so,  the  details  thereof  and  the  steps being taken by the Government to reach consensus in this regard?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a) to (d): A statement is laid on the Table of the House.

## Statement referred to in reply to parts (a) to (d) of Lok Sabha Starred Question No. * 191 due for answer on 10.12.2021 regarding 'All India Judicial Services'

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.  So  far  as  the  states  are concerned  02  States  are  in  favour  of  constitution  of  AIJS,  08  States  are  not  in favour, 05 States want changes in the proposal and the response is awaited from 13 States (ANNEXURE-I) . As far as High Courts are concerned 02 High Courts are in  favour  of  constitution  of  AIJS,  13  are  not  in  favour,  06  want  changes  in  the proposal and 02 are yet to give their response. (ANNEXURE-II)

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 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.  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.

*****

## ANNEXURE-I

## A. Response of State Governments regarding Constitution of AIJS

## States in favour of constitution of AIJS

- (i) Haryana (proposal seems to be justified)

- (ii) Mizoram

2

## States, which are NOT in favour of constitution of AIJS

- (i) Arunachal Pradesh

- (ii) Himachal Pradesh

- (iii) Karnataka

- (iv) Madhya Pradesh

- (v) Maharashtra

- (vi) Meghalaya

- (vii) Nagaland

- (viii) Punjab

8

## States, which want changes in the proposal

- (i) Bihar (wants major changes)

- (ii) Chhattisgarh (only 15% vacancies of ADJ to be filled through AIJS)

- (iii) Manipur (wants certain changes)

- (iv) Orissa (wants changes in the proposals)

- (v) Uttarakhand

5

States, which are yet to respond on constitution of AIJS.

| (i) Gujarat (ii)Jharkhand (iii) Rajasthan (iv) Tamil Nadu (v)Assam (vi) Andhra Pradesh (vii) Kerala (viii) Uttar Pradesh (ix) West Bengal (x)Telangana (xi) Goa (xii) Sikkim (xiii) Tripura   |   13 |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------|
| Total                                                                                                                                                                                         |   28 |

## Views / responses of the State Governments on the proposal formulated by the Central Government for creation of All India Judicial Service (AIJS)

| Sr. No.                                      | Name of the State                            | Comments                                                                                                                                                                                                                                                                                                                                                                                           |
|----------------------------------------------|----------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| States in favour of constitution of AIJS     | States in favour of constitution of AIJS     | States in favour of constitution of AIJS                                                                                                                                                                                                                                                                                                                                                           |
| 1.                                           | Haryana                                      | The proposal for creation of All India Judicial Service (AIJS) seems to be justified.                                                                                                                                                                                                                                                                                                              |
| 2.                                           | Mizoram                                      | Government of Mizoram supports creation of AIJS on the lines of IAS, IPS and other Central Services.                                                                                                                                                                                                                                                                                               |
| States NOT in favour of constitution of AIJS | States NOT in favour of constitution of AIJS | States NOT in favour of constitution of AIJS                                                                                                                                                                                                                                                                                                                                                       |
| 1.                                           | Arunachal Pradesh                            | State is of the view that considering the fact that the Arunachal Pradesh is purely a tribal state with its own peculiar and distinct tribal customs and ethos and the modes of rendering justice varies from tribes to tribes, the proposition of having a common judicial services would not be the right proposition and would create chaos and instability in their administration of justice. |
| 2.                                           | Himachal Pradesh                             | Keeping in view the ground realities,it will not be appropriate to have All India Judicial Service. As such, the State of Himachal Pradesh is not in favour of the creation of an All India Judicial Service.                                                                                                                                                                                      |
| 3.                                           | Karnataka                                    | Government of Karnataka is not agreeable for creation of All India Judicial Service.                                                                                                                                                                                                                                                                                                               |
| 4.                                           | Madhya Pradesh                               | The State Government had earlier forwarded the comments of M.P. High Court. The High Court is not in favour of formation of All India Judicial Service.                                                                                                                                                                                                                                            |
| 5.                                           | Maharashtra                                  | The State Government does not agree with the proposal of Central Government. They want recruitment to be done at JMFC level.                                                                                                                                                                                                                                                                       |
| 6.                                           | Meghalaya                                    | State Government is of the opinion that formation of AIJS is                                                                                                                                                                                                                                                                                                                                       |

|                                                          |                                                          | not desirable.                                                                                                                                                                                                   |
|----------------------------------------------------------|----------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 7.                                                       | Nagaland                                                 | Nagaland Judicial Officers are recruited by the High Court. Hence, they cannot be at par with the IAS / IPS. The State Government of Nagaland has reservation for creation of All India Judicial Service (AIJS). |
| 8.                                                       | Punjab                                                   | The State Government does not favour creation of AIJS                                                                                                                                                            |
| States which want changes in the proposal                | States which want changes in the proposal                | States which want changes in the proposal                                                                                                                                                                        |
| 1.                                                       | Bihar                                                    | State Government is open to creation of AIJS but wants major changes in the proposal formulated by Central Government.                                                                                           |
| 2.                                                       | Chhattisgarh                                             | State Government of Chhattisgarh wants only 15% of vacancies at level of Additional District Judge and above from the Bar to be filled up through AIJS.                                                          |
| 3.                                                       | Manipur                                                  | State Government is open to AIJS but wants certain changes in the proposal formulated by Central Government.                                                                                                     |
| 4.                                                       | Orissa                                                   | The State Governments wants changes in the proposal. They are insisting on minimum experience of ten years and upper age limit of forty years.                                                                   |
| 5.                                                       | Uttarakhand                                              | State Government agrees with the views of High Court of Uttarakhand that changes are required in the proposal formulated by Central Government.                                                                  |
| States which are yet to respond on constitution of AIJS. | States which are yet to respond on constitution of AIJS. | States which are yet to respond on constitution of AIJS.                                                                                                                                                         |
| 1.                                                       | Gujarat                                                  | No response received.                                                                                                                                                                                            |
| 2.                                                       | Jharkhand                                                | No response received.                                                                                                                                                                                            |
| 3.                                                       | Rajasthan                                                | No response received.                                                                                                                                                                                            |
| 4.                                                       | Tamil Nadu                                               | No response received.                                                                                                                                                                                            |
| 5.                                                       | Assam                                                    | No response received.                                                                                                                                                                                            |
| 6.                                                       | Andhra Pradesh                                           | No response received.                                                                                                                                                                                            |
| 7.                                                       | Kerala                                                   | No response received.                                                                                                                                                                                            |

|   8. | Uttar Pradesh   | No response received.   |
|------|-----------------|-------------------------|
|    9 | West Bengal     | No response received.   |
|   10 | Telangana       | No response received.   |
|   11 | Goa             | No response received.   |
|   12 | Tripura         | No response received.   |
|   13 | Sikkim          | No response received.   |

## ANNEXURE-II

## B. Response of High Courts regarding Constitution of AIJS

| High Courts in favour of constitution of AIJS                                                                                                                                              | High Courts in favour of constitution of AIJS                |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------|
| (i) Sikkim (ii)Tripura                                                                                                                                                                     | 2                                                            |
| High Courts, which are NOT in favour of constitution of AIJS                                                                                                                               | High Courts, which are NOT in favour of constitution of AIJS |
| (i) Andhra Pradesh (ii)Bombay (iii) Delhi (iv) Gujarat (v)Karnataka (vi) Kerala (vii) Madras (viii) Patna (ix) Punjab and Haryana (x)Calcutta (xi) Jharkhand (xii) Rajasthan (xiii) Odisha | 13                                                           |
| High Courts, which want changes in the proposal                                                                                                                                            | High Courts, which want changes in the proposal              |
| (i) Allahabad (changes in age &qualifications) (ii)Chhattisgarh (15% of total vacancies from the                                                                                           | 6                                                            |

| (iii) Himachal Pradesh (selection in consonance recommendations of Shetty Commission) (iv) Meghalaya (Officers of AIJS are given option elevation to High Courts of three States) (v)Uttarakhand (Changes in age, induction level, recruitment body, qualifications, allocation to States, Quota, Training) (vi) Manipur (Subject to allocation of cadre and language).   | with for                                    |                                             |                                             |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------|---------------------------------------------|---------------------------------------------|
| High Courts, which are yet to give response                                                                                                                                                                                                                                                                                                                               | High Courts, which are yet to give response | High Courts, which are yet to give response | High Courts, which are yet to give response |
| (i) Gauhati                                                                                                                                                                                                                                                                                                                                                               | 2                                           |                                             |                                             |
| Total                                                                                                                                                                                                                                                                                                                                                                     | 23                                          |                                             |                                             |

## Views / responses of the High Courts on the proposal formulated by the Central Government for creation of All India Judicial Service (AIJS)

| Sr. No.                          | Name of the High Court           | Comments / vies of the High Court                                                                                                                                                                                                                                                                                                                                                                                         |
|----------------------------------|----------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| High Courts in favor of AIJS     | High Courts in favor of AIJS     | High Courts in favor of AIJS                                                                                                                                                                                                                                                                                                                                                                                              |
| 1.                               | Sikkim                           | Sikkim High Court concurs with proposal and also the features suggested by the Central Government.                                                                                                                                                                                                                                                                                                                        |
| 2.                               | Tripura                          | High Court of Tripura is in favour of All India Judicial Service.                                                                                                                                                                                                                                                                                                                                                         |
| High Courts NOT in favor of AIJS | High Courts NOT in favor of AIJS | High Courts NOT in favor of AIJS                                                                                                                                                                                                                                                                                                                                                                                          |
| 1.                               | Andhra Pradesh                   | Majority of Hon'ble Judges of Andhra Pradesh High Court have not accepted the proposal for creation of All India Judicial Service (AIJS)                                                                                                                                                                                                                                                                                  |
| 2.                               | Bombay                           | The issue of formation of All India Judicial Service was placed before full Court meeting on 20.09.2014, when it was decided NOT to recommend formation of an All India Judicial Service.                                                                                                                                                                                                                                 |
| 3.                               | Delhi                            | Delhi High Court has reservation about AIJS.                                                                                                                                                                                                                                                                                                                                                                              |
| 4.                               | Gujarat                          | Gujarat High Court is not in favour of AIJS.                                                                                                                                                                                                                                                                                                                                                                              |
| 5.                               | Karnataka                        | Karnataka High Court is not agreeable for creation of All India Judicial Service.                                                                                                                                                                                                                                                                                                                                         |
| 6.                               | Kerala                           | The Full Court expressed its concern with regard to proficiency in local language, which the candidate should possess while discharging their duties. The Full Court further opined that after posting, the officers shall be under the control of concerned High Court under Article 235 o f the Constitution of India and for selection, the qualification as required under Article 233 (2) shall continue to operate. |
| 7.                               | Madras                           | Madras High Court is not in favour of All India Judicial Service                                                                                                                                                                                                                                                                                                                                                          |

| 8.                                             | Patna                                          | The Hon'ble High Court is of the opinion that the Judicial Service is not comparable with that of Civil Services. The Court, therefore, does not favour the formation of All India Judicial Services as proposed.                                                                                                                                                                     |
|------------------------------------------------|------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 9.                                             | Punjab and Haryana                             | The constitution of All India Judicial Service will seriously erode the federal structure contemplated by the Constitution. The constitution of 'All India Judicial Service' with power of disciplinary action by the President (Central Government) completely oust the control and supervision of the District Courts vested with High Court under Article 235 of the Constitution. |
| 10.                                            | Calcutta                                       | High Court of Calcutta vide letter dated 24.06.2020 has stated that the Constitutional Scheme does not permit such a service and the ame would be opposed to the principle of federalism as enshrined in the Constitution of India.                                                                                                                                                   |
| 11                                             | Jharkhand                                      | Jharkhand High Court is not in favour of AIJS.                                                                                                                                                                                                                                                                                                                                        |
| 12.                                            | Rajasthan                                      | Rajasthan High Court is not in favour of AIJS                                                                                                                                                                                                                                                                                                                                         |
| 13.                                            | Orissa                                         | Orissa High Court is not in favour of AIJS                                                                                                                                                                                                                                                                                                                                            |
| High Courts which want changes in the proposal | High Courts which want changes in the proposal | High Courts which want changes in the proposal                                                                                                                                                                                                                                                                                                                                        |
| 1.                                             | Allahabad                                      | Allahabad High Court has suggested changes with regard to the age and qualifications for AIJS. Further, it has proposed that the High Court in whose jurisdiction, the officers of All India Judicial Service are posted should exercise complete control over the officer as per Article 235 of the Constitution of India.                                                           |
| 2.                                             | Chhattisgarh                                   | There may be All India Higher Judicial Services to the extent of 15% of the total vacancy from the Bar.                                                                                                                                                                                                                                                                               |
| 3.                                             | Himachal Pradesh                               | The High Court agrees in principle to entrust the selection of 25% direct recruits to the Higher Judicial Service being made by the National Commission on all India basis in consonance with the recommendations of the Shetty Commission.                                                                                                                                           |
| 4.                                             | Meghalaya                                      | Meghalaya High Court is open to All India Judicial Service provided that the officers of the Service are given option for                                                                                                                                                                                                                                                             |

|                                            |                                            | elevation to the High Courts of three States.                                                                                                                                    |
|--------------------------------------------|--------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 5.                                         | Uttarakhand                                | High Court of Uttarakhand has made suggestions for changes in age induction level, recruitment body, qualifications, allocations to States, Quota, training, court language etc. |
| 6.                                         | Manipur                                    | Implementation of All India Judicial Service has to be subject to settlement of certain issues, like allocation of cadre and language etc .                                      |
| High Courts which are yet to give response | High Courts which are yet to give response | High Courts which are yet to give response                                                                                                                                       |
| 1.                                         | Gauhati                                    | No response received.                                                                                                                                                            |
| 2.                                         | Madhya Pradesh                             | High Court of M.P. has intimated vide letter dated 16.09.2014 that the matter will be placed before full Court.                                                                  |