All-India Judicial Service? 50% of High Courts object to Plan

More than 50% of HCs in the country have opposed the Centre’s proposal to constitute an All India Judicial Service to recruit judges at the level of district judges. The Centre’s proposal has been pending since 2012 when it had suggested creation of an all-India service on the lines of recruitment of IAS/IPS officers by the Union Public Service Commission.

At least 15 of the 25 High Courts & state govts of Arunachal Pradesh, Himachal Pradesh, Karnataka, Madhya Pradesh, Meghalaya, Nagaland & Punjab have objected to the Centre’s proposal, law minister Ravi Shankar Prasad told Lok Sabha on Wednesday.

The minister, however, argued in favour of constitution of a centralised recruitment authority for district judges. “In govt’s view, a properly framed All India Judicial Service (AIJS) is important to strengthen overall justice delivery system. This will give an opportunity for induction of suitably qualified fresh legal talent selected through a proper all-India merit selection system as well as address the issue of social inclusion by enabling suitable representation to marginalised & deprived sections of society,” he said in his written reply to a question.

Prasad said the HCs of Sikkim & Tripura had concurred with the proposal approved by a committee of secretaries for formation of All India Judicial Service (AIJS). The High Courts of Allahabad, Chhattisgarh, Himachal Pradesh, Kerala, Manipur, Meghalaya, Orissa & Uttarakhand suggested changes in age at the induction level, qualifications, training & quota of vacancies to be filled through All India Judicial Service (AIJS). “Rests of the HCs haven't favoured the idea,” he said.

The reason, the minister said, was that most High Courts didn't want to cede administrative control over the subordinate judiciary. While the High Courts of Jharkhand & Rajasthan indicated that the matter was under consideration, High Courts of Calcutta, J&K & Gauhati are yet to respond to the Centre’s proposal.

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