Central Govt Likely To Make Fresh Attempt To Reach Consensus With States For An All-India Judicial Service

The central government is likely to make a fresh attempt at reaching a consensus with States to set up an all-India judicial service, official sources said on Sunday.

The establishment of All-India Judicial Service (AIJS) is likely to be made part of the agenda of a proposed meeting between Union Law Minister Kiren Rijiju and State law ministers in November, the sources in the government said.

As of now, judicial infrastructure is the only announced agenda of the meeting.

The central government feels that a properly framed All India Judicial Service is important to strengthen the overall justice delivery system of the country.

All India Judicial Service (AIJS) will give an opportunity for induction of suitably qualified fresh legal talent through a proper all-India merit selection system.

It will also address the issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society, successive law ministers have said.

A bill could be required to establish an all-India judicial service to recruit officers for subordinate courts through an entrance test.

The provision of an all-India judicial service on the lines of the Indian Administrative Service and the Indian Police Service was mooted soon after Independence.
The provision of AIJS was included in Article 312 of the Constitution through the 42nd amendment in 1976. But it would still require a bill to decide on its broad contours.

At present, various high courts and state service commissions hold exams to recruit judicial officers.

The Union Public Service Commission (UPSC) could hold a standardised entrance test to recruit judges for lower courts.

Since cases in lower courts are argued in local languages, there have been apprehensions about how a person from north India can hold hearings in a southern state.

But the government is of the view that even IAS and IPS officers have served in different states overcoming the language barrier.

The government believes that if such a service comes up, it would help create a pool of talented people who could later become a part of the higher judiciary — the 25 high courts and the Supreme Court.