Lok Sabha Question No. 2258 (UNSTARRED), answered on 2023-12-15
Subject: All India Judicial Service
Ministry: LAW AND JUSTICE
Asked by: Sunil Kumar Singh, Guman Singh Damor, Gautham Sigamani Pon, Reddeppa Nallakonda Gari

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 2258

## TO BE ANSWERED ON FRIDAY, THE 15.12.2023

## All India Judicial Service

## † 2258. SHRI SUNIL KUMAR SINGH: SHRI GUMAN SINGH DAMOR: DR.  PON GAUTHAM SIGAMANI: SHRI N. REDDEPPA:

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

- (a) whether  there  has  been  a  long  pending  demand  to  create  an  All  India Judicial  Service  in  the  country  and  if  so,  the  reaction  of  the  Government thereto;
- (b) whether  the  Government  proposes  to  implement  the  All  India  Judicial Service for appointing the Judges in the District Courts, High Courts and the Supreme  Court  by  reforming  the  procedure  of  appointment  in  higher Judiciary  ensuring  equal  opportunity  and  representation  to  marginalized sections of the society and if so, the details thereof;
- (c) whether there is a provision of reservation in Higher Judicial Services and if so, the details thereof;
- (d) if not, whether the Government proposes to bring reservation in Judiciary in future and if so, the details thereof; and
- (e) the details of posts lying vacant at various levels in the judiciary?

## ANSWER

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

(SHRI ARJUN RAM MEGHWAL)

(a) to (e): 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  only.  The  All  India  Judicial  Services  do  not  envisage  to include direct appointment of Judges to the High Courts & Supreme Court of India.  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. 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.

Appointment of Judges of the Supreme Court and High Courts is made under  Articles  124,  217  and  224  of  the  Constitution  of  India,  which  do  not provide for reservation for any caste or class of persons. In case of reservation of  seats  in  the  District  Courts/Subordinate  judiciary,  the  Central  Government has no role under the Constitution of India.

As  per  the  Constitutional  framework,  in  exercise  of  powers  conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the respective State Government in consultation with the High Court, frames the rules  and  regulations  regarding  the  issues  of  reservation  and  recruitment  of Judicial  Officers  in  the  respective  State  Higher  Judicial  Services.  Thus,  the selection  and  appointment  of  judicial  officers  in  the  District  and  Subordinate Courts  is the responsibility  of  the  High  Courts  and  State  Governments concerned. In some States, the respective High Courts undertake the recruitment process, whereas in other States, the High Courts does it in consultation with the State Public Service Commissions.

As on 11.12.2023, the Supreme Court is functioning at its full strength and there is no vacancy. Against the sanctioned strength of 1114 judges in High Courts, there are 790 judge working, leaving vacancy of 324 post of judges.

As  on  11.12.2023,  against  the  sanctioned  strength  of  25439,  there  are 5443 vacancies of judicial officers in the District and Subordinate Judiciary.

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