What is All India Judicial Service, why it has failed to become a reality

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CategoryPolity

Last Updated05/12/2023

The President of India, during the Supreme Court’s Constitution Day celebration, urged for the establishment of an "all-India judicial service".
Objective: To diversify the judiciary and enhance representation from marginalised social groups.

Article 312 of the Constitution provides for the establishment of an All-India Judicial Service (AIJS), along the lines of the central civil services.
Requires a resolution by the Rajya Sabha, supported by two-thirds majority (present and voting), in the national interest.
However, the AIJS cannot include any post inferior to that of a district judge, as defined in Article 236.

The AIJS seeks to centralise the recruitment of judges at the level of additional district judges and district judges for all states.
The recruitment of judges of the lower judiciary is being proposed to be made central, following which they’ll be assigned to states.
- Just as the UPSC conducts a central recruitment process and assigns successful candidates to cadres.

Articles 233 and 234 allocate the appointment of district judges to states.
State Public Service Commissions and High Courts handle the selection process for lower judiciary judges.
Panels of HC judges interview candidates after the exam and select them for appointment.
All judges of the lower judiciary up to the level of district judges are selected through the Provincial Civil Services (Judicial) exam.

The idea originated in the 1958 Law Commission Report ‘Report on Reforms on Judicial Administration’.
Objective: To ensure an efficient subordinate judiciary to address issues like varying pay, quicker vacancy filling, and standardised training.
The idea was proposed again in the Law Commission Report of 1978, which discussed delays and arrears of cases in the lower courts.
In 2006, the Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice, in its 15th Report, also supported the idea of a pan-Indian judicial service.

In the case of 'All India Judges’ Association (1) vs UOI’ in 1992, the Supreme Court directed the Centre to establish an All-India Judicial Service (AIJS).
However, a 1993 review of the judgement granted the Centre the freedom to take initiatives on the AIJS issue.
In 2017, the Supreme Court took suo motu cognizance of the appointment of district judges.
It proposed a "Central Selection Mechanism" through a common examination instead of separate state exams.
Based on the merit list, HCs would then hold interviews and appoint judges.

Despite steps by the Centre, including a comprehensive proposal in 2012, no consensus was reached among state governments and High Courts.
Diverging opinions among stakeholders, lack of consensus, and differing views on eligibility and criteria have hindered AIJS implementation.