Lok Sabha Question No. 39 (STARRED), answered on 2023-07-21
Subject: All India Judicial Service
Ministry: LAW AND JUSTICE
Asked by: Beesetti  Venkata Satyavathi

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA STARRED QUESTION NO. 39

## TO BE ANSWERED ON FRIDAY, THE 21.07.2023

## All India Judicial Service

## *39. DR. BEESETTI  VENKATA  SATYAVATHI:

Will the Minister of LAW AND JUSTICE

be pleased to state:

- (a) whether  the  Government  has  planned  to  set  up  an  All  India  Judicial Service to fill the vacancies in the higher judiciary and give representation to marginalized sections of the society therein;
- (b) if so, the details and the status thereof and if not, the reasons therefor; and
- (c) the details of other steps taken by the Government to ensure representation  of  marginalized  sections  of  the  society  in  the  higher 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 (c):A statement is laid on the Table of the House.

Statement referred to in reply to parts (a) to (c) of Lok Sabha Starred  Question  No.  *39  due  for  answer  on  21.07.2023  regarding  'All India Judicial Service'

(a)  to  (c):  The  Constitution  (Forty  Second  Amendment)  Act,  1976inserted  a clause in Article 312 of the Constitution which provides for creation of anAll India Judicial Services (AIJS). The constitutional provision enables creation of the  AIJS  at  District  Judge  level,  not  including  any  post  inferior  to  that  of  a District  Judge.  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 matter was also placed in the Joint Conference of Chief Ministers and Chief Justices of High Courts held the next day, i.e. 5 th April 2015

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, the setting up of an All  India  Judicial  Service  was  discussed  on  the  points  of  eligibility,  age, selection  criteria,  qualification,  reservations  etc.  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.

Appointment of Judges in the higher judiciary (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.  The primary  responsibility  for  making  recommendations  against  vacancies  in  the High Court vests with the High Court Collegium.

In order to replace the Collegium system of appointments of Judges of the Supreme  Court  and  High  Courts  with  a more  broad-based, transparent, accountable  appointment  mechanism  and  to  bring  greater  objectivity  in  the system, the Government brought into operation the Constitution (Ninety-Ninth Amendment) Act, 2014  and  the  National  Judicial  Appointments  Commission Act,  2014  w.e.f.  13.04.2015.  However,  both  the  Acts  were  challenged  in  the Supreme Court. The Supreme Court vide Judgment dated 16.10.2015 declared both the Acts as unconstitutional and void. The Collegium system as existing prior  to  the  enforcement  of  the  Constitution  (Ninety-Ninth  Amendment)  Act, 2014 was declared to be operative.

In  the  present  system  of  appointment  of  Judges  to  the  constitutional courts through the Collegium system, the onus to provide social diversity and representation to all sections of the society including SC/ST/OBC/Women/Minorities,  primarily  falls  on  the  Judiciary.  Government cannot appoint any person as High Court Judge who is not recommended by the High Court Collegium/Supreme Court Collegium.

However, the Government remains committed to social diversity in the appointment  of  Judges  in  the  Higher  Judiciary  and  has  been  requesting  the Chief Justices of  High Courts that, while sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in appointment of Judges in High Courts.