No Consensus On All India Judicial Service, Law Ministry Tells Parliament
The Law Ministry responded to MP Dr. Beesetti Venkata Satyavathi's query about the government's plan for an All India Judicial Service (AIJS), stating that there is currently no consensus on the proposal. However, the government believes that a well-structured AIJS is crucial to strengthen the justice delivery system. It would allow qualified fresh legal talent to be selected through an all-India merit system, promoting social inclusion by representing marginalised sections of society.
Views from State governments and High Courts on the AIJS proposal varied in 2013, with some in favor, some against, and others suggesting changes. The creation of a Judicial Service Commission for district judge recruitment and review of selection processes was discussed in a Chief Justices Conference in 2015, leaving it to the High Courts to devise appropriate methods for filling vacancies promptly.
The matter was also discussed in a 2017 Parliamentary Consultative Committee meeting and a 2021 Parliamentary Committee on the Welfare of SCs/STs. However, due to divergent opinions among major stakeholders, there is currently no agreement on establishing AIJS.
The provision for AIJS was added to the constitution in 1976 through the 42nd Constitution Amendment, enabling its creation at the District Judge level and above.
Regarding representation of marginalised groups in the higher judiciary, the government highlighted that the Collegium system, responsible for judge appointments, holds the responsibility to ensure social diversity, considering candidates from SC/ST/OBC/Women/Minority backgrounds.
The government has been urging Chief Justices of High Courts to give due consideration to suitable candidates from diverse backgrounds during the proposal for judge appointments in High Courts.
