All-India Judicial Service likely by March 2022 despite Opposition by High Courts and States

The govt is getting ready to set up All-India Judicial Service (AIJS) by Mar 2022, according to a proposal submitted by the law ministry to the Union Council of Ministers. The Centre is moving ahead with the plan despite opposition from many state govts & HCs.

The law ministry has decided to complete the consultation process with the state govts, HCs & Supreme Court by the year end so that AIJS-related issues could be settled by Mar 2022.

The ministry in its recent presentation to the sectoral group of secretaries informed that All-India Judicial Service (AIJS) was one of its top-priority matters. The reports of the 10 sectoral group of secretaries were reviewed by PM Modi & the Council of Ministers.

The biggest challenge is to get all states & HCs on board. When the views of states & HCs were sought in June 2019, only four of the 28 states & two of the 24 HCs appeared positive to the proposal. The HCs of Sikkim & Haryana & the state govts of Haryana, Mizoram, Sikkim & Tripura favoured constitution of All-India Judicial Service (AIJS).

Eight states — Maharashtra, Madhya Pradesh, Karnataka, Punjab, Himachal Pradesh, Meghalaya, Nagaland & Arunachal Pradesh — outrightly rejected it. Five states suggested changes, with Bihar seeking major revisions & Chhattisgarh demanding that only 15% vacancies of additional district judges be filled through All-India Judicial Service (AIJS). Manipur, Odisha, Uttarakhand have also sought changes. As many as 11 states — Gujarat, UP, Assam, West Bengal, Telangana, Andhra, Rajasthan, Tamil Nadu, Kerala, Jharkhand & Goa — are yet to respond to the proposal.

High Courts of Andhra, Maharashtra, Delhi, Gujarat, Karnataka, Kerala, MP, TN, Manipur, Bihar, Punjab & Haryana & Assam aren't in its favour. The Calcutta High Court hasn't responded, while HCs of Jharkahnd & Rajasthan are still examining the plan.

Allahabad High Court wants age & qualification related changes, Chhattisgarh High Court favours filling 15% of the vacancies from the bar.

Source Link