• UGI USER
  • Dec 08, 2023
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NO CONSENSUS ON ALL-INDIA JUDICIAL SERVICE PROPOSAL: LAW MINISTER

Why in the News?

  • The Law Minister, revealed a lack of consensus regarding the establishment of an All-India Judicial Service at the district judge level.
  • According to the minister’s written response, there exists a divergence of opinions among State governments and the 25 High Courts regarding the proposed creation of this judicial service.

About All India Judicial Service : 

  • AIJS Proposal Overview

AIJS (All India Judicial Service) is a proposed centralized recruitment system designed for judges at the levels of additional district judges and district judges across all states.

  • Historical Background:

Stemming from Law Commission reports in 1958 and 1978, AIJS aims to address structural issues within the judicial system, including disparities in pay, expeditious filling of vacancies, and standardized nationwide training.

  • Centralized Recruitment Model:
  • The primary objective of AIJS is to centralize the recruitment process for judges, akin to the Union Public Service Commission (UPSC) model.
  • Successful candidates would be assigned to specific states.
  • Revisiting the Idea:

The concept gained renewed attention in 2006 when the Parliamentary Standing Committee revisited it, lending support to the establishment of a pan-Indian judicial service.

  • Constitutional Basis:
  • Article 312 of the Constitution provides the constitutional foundation for AIJS, allowing its establishment similar to central civil services.
  • However, Article 312 (2) specifies that AIJS cannot include any post inferior to that of a district judge, as defined in Article 236.

Current Status:

As of now, the proposal for an all-India judicial service has not gained the required consensus, leaving the matter unsettled and reflecting the varying stances of different states and High Courts.