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ClearIAS » Current Affairs Notes » All-India Judicial Services (AIJS): Should it be formed?

All-India Judicial Services (AIJS): Should it be formed?

Last updated on September 30, 2017 by Clear IAS Team

All-India Judicial Services
Prime Minister Narendra Modi while addressing a function to celebrate the completion of 50 years of Delhi High Court on October 31, 2016, sought a debate on creating the All-India Judicial Services.  The present government has tried to convince parties to support its move to set up an all-India judicial service (AIJS), on the lines of all-India Civil Services.

The Government believes that All-India Judicial Services (AIJS) will help promote federal governance. Here in this article, we analyse the need of forming an All-India Judicial Services.

What is the history of All-India Judicial Services (AIJS)?

  • The proposal for an All-India Judicial Service (AIJS) in lines of All-India Services was proposed as early as 1950.
  • The idea was first mooted by the Law Commission in the 1950s to have an All-India Judicial Services.
  • The Constitution of India was amended in 1977 to provide for an All-India Judicial Services under Article 312.
  • The Chief Justices conferences in 1961, 1963, and 1965 favoured creation of All-India Judicial Services and even the Law Commissions (1st, 8th and 11th, 116th) had suggested the creation of the service. However, each time it was faced with opposition.
  • The proposal was again floated by the ruling UPA government in 2012 but the draft bill was done away with after opposition from High Court Chief Justices who labelled this an infringement of their rights.
  • Most recently, the Central Government after holding a meeting presided over by the Law Minister Ravi Shankar Prasad had sought the advice of its two top law officers – Attorney General Mukul Rohtagi and Solicitor General Ranjit Kumar – on the question of constituting All-India Judicial Services just on the lines of All-India Civil Services.

What is the proposal for selection into AIJS?

  • Under this, the district judges will be recruited centrally through an all-India examination.
  • They will then be allocated to each State along the lines of the All-India Services.

What are the chronological events?

  • 03-01-1977: All India Judicial Services inserted into Article 312 by the Constitution (Forty-second Amendment) Act, 1976. The purpose of the constitutional amendment was to ensure uniformity in the standard of selection and to attract the bright and young talent in judiciary so that fair trial and speedy justice could be made available to every citizen throughout the country.
  • 27-11-1986: Law Commission submitted in its 116th report titled “Formation of All-India Judicial Service” to the Union Law Minister and explained in details the importance and urgent need for the All-India Judicial Service.
  • 10-4-1995: Supreme Court in Writ Petition (Civil) 1022 of 1989, All India Judges Association v. The Union of India, directed the Union Government to take immediate measures for setting up the All-India Judicial Service.
  • 10-2-1997: Union Government submitted a status report on constituting All-India Judicial Service in the Apex Court.
  • 24-10-2009: Chief Justice of India (CJI) endorsed the All-India Judicial Service in his inaugural address in a conference titled “National Consultation for Strengthening the Judiciary towards Reducing Pendency and Delays” in Delhi.
  • 25-10-2009: Conference titled “National Consultation for Strengthening the Judiciary towards Reducing Pendency and Delays” unanimously adopted the resolutions presented by the Union Law Minister for the establishment of All-India Judicial Services.
  • 19-05-2014: CJI RM Lodha on eve of assuming charge reiterated the need for All-India Judicial Services. He said: “Setting up of an All-India Judicial Service, being planned by the government on the lines of the IAS and IPS for recruiting judges for subordinate courts, should be given serious thought. A national consensus is lacking as some States have raised reservations on the framework of the AIJS. Those States should also be brought on board.”

Arguments in favour of All-India Judicial Services

  • Efficiency and efficacy of judiciary would be increased.
  • Transparent and efficient method of recruitment would be followed.
  • The pendency and issue of delay of cases would be done away with.
  • Corruption, nepotism etc would be strongly dealt with.
  • Best legal talent across the country would be selected on the basis of merit.
  • Public faith in the judiciary would be restored.
  • The Supreme Court is not averse to the idea of AIJS as in its 2 judgments of 1991 and1993 it supported the idea of AIJS.

Arguments against All-India Judicial Services

  • There will be an issue of local laws differences.
  • Local languages and dialects would be a problem.
  • Nine High courts are against this proposal and hence disapproving this proposal.
  • The conflict between Centre and State would start.
  • The status of legal education in India is very much mismanaged. Except for a few national law schools, others do not prioritize the legal education too much. Law is taken as the last report who do not get into medicine, IITs etc.
  • Unremunerative pay is a big issue. Despite an effort by the Supreme Court to ensure uniformity in pay scales across States in the All India Judges’ Association case, it is still very low.
  • Also, the judiciary has fewer avenues for growth, promotion and limited avenues for career advancement.
  • There is low district judge representation in the High Courts, as less than a third of seats in the High Courts are filled by judges from the district cadre. The rest are appointed directly from the Bar.
  • It will be difficult for the less privileged background to enter the profession.
  • Again coaching institutes etc would flourish and education would be commercialized.
  • Currently, the judges of subordinate courts are appointed by the governor in consultation with the High Court which will not be so if AIJS is implemented. Hence it will be against the Independence of Judiciary as some other body will have a control in appointment and integration because in the judiciary, higher level controls and evaluates lower level.
  • Both the decentralized approach of each High Court conducting its own appointment and a centralized one seem to have roughly the same efficacy in filling up the vacancy.

Reports mentioning All India Judicial Services

  • The Law Commission of India in this connection referred to the following observations of an experienced Chief Justice: –

“One reason why meritorious young men or young practitioners of some standing keep away from the judicial service is the comparative inferiority of the status of district judicial officers vis-a vis officers of the district executive. Formerly, the district judge, like the district magistrate, used to be a member of the Indian Civil Service and his position in the district was superior to that of the district magistrate. Under the present system, the district magistrate is a member of the Indian Administrative Service which is a service of an all-India character, while the district judge is a member of the higher judicial service which is a State service.”

  • The Parliament Standing Committee endorsed the AIJS in its 64th Report (Para 50) which says:

“All India Judicial Service has been envisaged under Article 312 of the Constitution of India. The Committee expresses its concern over the delay in its creation. The Committee insists that All India Judicial Service may be created without further delay to attract the best talent to the subordinate judiciary from where 33% of the judicial officers are elevated to the Bench of the High Courts.”

Way forward

All-India Judicial Services-1

  • AIJS is facing hurdles from the administrative block and also from High Courts, even though Supreme Court has asked for AIJS twice.
  • Therefore, AIJS should be designed in a manner to remove its shortcomings and it can be an effective solution to the vacancy in Judiciary.
  • Despite the limitations, the establishment of AIJS makes a strong case because, if Civil servants can learn the local language of the state they are posted in, even a judicial service officer can. Thus, the language shouldn’t be a barrier.
  • Pay scale, issue of transfers, career growth etc should be looked after.
  • Moreover, after the selection, a Judicial service officer can be provided sufficient training to handle the job. A meritocratic judiciary is the need of the hour which is possible with a competitive recruitment process.
  • It is in the interest of all concerned that cases should be disposed of as quickly as possible. Thi, in turn, is possible only if there are adequate judges. Adequate judges can be made available only if they are recruited in large strength through AIJS just like we see in case of IAS, IPS, IFS and other civil services. Hence there should be no more delay.

Article by: Ipsita Mishra

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Reader Interactions

Comments

  1. Pradeep Tiwari says

    August 25, 2017 at 9:35 pm

    Thank u team CLEAR IAS….you made a effective notes on each topic….thank you very much to create such a easy platform to learn….

    Reply
  2. Chaitanya Gopal Vadali says

    August 25, 2017 at 11:47 pm

    Whatever the arguments which are against All-India Judicial services, I really don’t think that they couldn’t be overcome. However, the executive and the concerned constitutional body should take care of the transparency and of course it takes.

    Reply
  3. saumya pathak says

    August 26, 2017 at 10:05 am

    Thanks a lot
    These notes are going to really help me out.

    Reply
  4. bhavani . k says

    August 26, 2017 at 2:26 pm

    thank you so much for this valuble information

    Reply
  5. Pradeep Tiwari says

    August 26, 2017 at 4:40 pm

    Hey clear IAS team can you make notes on ethics and aptitude. And please tell us some important and selected topic of Economic Survey Vol 2. So it wil be very easy for us or make a summary of that.
    Thank you.

    Reply
  6. himanshu rana says

    September 3, 2017 at 6:22 pm

    excellent content….
    but update current issues regularly.

    Reply
  7. advocate rajendra Singh charan says

    April 5, 2018 at 7:21 am

    yes
    IT SHOULD BE FORMED.

    HIGHER JUDUCIAL SERVICES HELD ON INDIA LEVEL
    LIKE
    HIGHER ADMINISTRATION SERVICES IAS , IPS , SSC HELD ON INDIA LEVEL .
    BUT IN JUDICIARY

    LOWER JUDICIARY & HIGHER JUDICIARY BOTH ARE ON STATE LEVEL THAT IS WORNG AND UN LAW FULLAND UNCONSTITUTIONAL.

    THAT’S WHY
    ALL INDIA JUDICIARY SERVICES BE FORMED
    AND START IT

    Reply
  8. advocate rajendra Singh charan says

    April 5, 2018 at 10:05 am

    yes

    ALL INDIA JUDICIAL SERVICES SHOULD BE FORMED

    Reply
    • advocate rajendra Singh charan says

      April 6, 2018 at 10:07 pm

      collegium is the cancer of judiciary and it should be banned that’s why ALL INDIA JUDICIAL SERVICES SHOULD BE FORMED AND
      SLEECTED PERSON SHOULD BE PROMOT ON HIGH COURT JUDGE.

      THAT’S WHY HIGHER JUDICIAL SERVICES SHOULD BE HELD ON INDIA LEVEL

      PM MODI SIR PLZ START INDIAN JUDICIAL SERVICES QUICKLY .

      THANKS ,
      ADVOCATE
      RAJENDRA SINGH CHARAN
      RAJASTHAN HIGH COURT
      MOBILE 8619737811
      9636269585

    • Rajendra Singh charan says

      November 24, 2018 at 2:40 pm

      STOP COLLEGIUM
      START EXAM

      EXAM IS THE RIGHT WAY

      ADVOCATE
      RAJENDRA SINGH CHARAN
      RAJASTHAN HIGH COURT

  9. RAJENDRA SINGH CHARAN says

    June 30, 2018 at 9:17 pm

    yes
    all india judidcal judicial exam formed on india level
    all advocates want to formed this exam on india level

    this is era of justic

    advocate RAJENDRA SINGH CHARAN
    RAJASTHAN HIGH COURT

    Reply
  10. CS Sohail Azam says

    December 26, 2018 at 11:34 am

    Yes I agree to the move made by CG for AIJS , and no doubt it will bring about transparency as well as good governance to the system.
    Through this recruitment process the judiciary will catch the talents across the country which remained deprived under the current system. It is regretting that the vacancy arised in the High Courts filled from BAR association on the contrary that it should be through a organized system like all India civil service .Local Language & local laws are no the big deal to the candidates who get selection in AIJS and there is a proper training and guidance provided..

    Reply
    • Advocate rajendra singh charan says

      January 6, 2019 at 10:11 am

      Yes

      All indian advocates are agree also

  11. Astha says

    February 5, 2020 at 5:18 am

    One can’t appear for this examination before the age of 28 as the age group according to the draft is 28 to 35. Experience of 7 years of practicing or teaching is mandatory. Generally, we complete our law degree at the age of 23 after that add 7 years, so it will be 30. At the age of 30, we will be eligible for this examination. Other thing, I’m a law student and preparing for judicial services, have no interest in litigation(practice) or teaching and my aim is to become a judge. Still, I have to do this(litigation or teaching). In litigation and teaching, there is no job security. Generally, people want to settle in career as soon as possible. Who will wait for so long?
    This is totally illogical and vague.
    They’re going to shatter my dreams.
    I have the dream to become a judge from 10th standard. That’s the reason, I have chosen for law as a career. I have no interest in litigation and teaching.

    Reply
  12. Astha says

    February 5, 2020 at 5:25 am

    Check draft, then comment whether it’s good or not. Even I support, AIJS but the age criteria and 7 years of experience is totally illogical.

    Reply

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