Lok Sabha Question No. 5691 (UNSTARRED), answered on 2025-04-04
Subject: Proposal for Indian Judicial Service
Ministry: LAW AND JUSTICE
Asked by: Shri N K Premachandran

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

## LOK SABHA UNSTARRED QUESTION NO. 5691 TO BE ANSWERED ON FRIDAY, THE 04 TH  APRIL, 2025

## Proposal for Indian Judicial Service

## 5691. Shri N K Premachandran:

Will the Minister of Law and Justice be pleased to state:

- (a)  whether the Government proposes to establish Indian Judicial Service, if so, the action taken thereon and if not, the reasons therefor;
- (b)  whether  the  Law  Commission  recommended  for  formulation  of  Indian Judicial  Service,  if  so,  the  details  thereof  and  the  difficulty  being  faced  into implementation;
- (c)    whether  it  has  come  to  the  notice  of  the  Government  that  there  are complaints  regarding  the  selection  and  appointment  of  judges  and  judicial officers in judiciary, if so, the action taken to resolve the issue; and
- (d) whether the Government proposes to ensure for an independent, transparent judicial system, if so, the action taken to strengthen our judicial system?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

(a) to (d): Article 312 of the Constitution provides for the establishment of an All  India  Judicial  Service  (AIJS),  which  shall  not  include  any  post  inferior  to that of a District Judge. The issue of creation of All India Judicial Service was considered  and  recommended  by  the  First  National  Judicial  Pay  Commission (FNJPC),  known  as  Justice  Shetty  Commission.The  creation  of  All  India Judicial  Service  was  recommended  by  Law  Commission  of  India  in  its  14 th report (1958). Subsequently, the Law Commission reiterated the recommendation in its 77 th report (1978) and its 116 th report (1986).

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. 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  an  All  India Judicial Service.

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  levels  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. However, no progress was made in the matter.

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 then 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.

It  was proposed to include the issue of All India Judicial Service in the agenda  for  Joint  Conference  of  Chief  Ministers  and  Chief  Justices  of  High Courts held on 30 th April, 2022. However, the same could not be included in the agenda of the conference. 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.

The  complaints/representations  received,  if  any,  regarding  the  selection and appointment ofjudicial officers are forwarded to the Chief Justice of India or to the Chief Justice of the concerned High Court, as the case may be.

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