In a strong push for judicial reforms, former Chief Justice of India (CJI) Dhananjaya Y. Chandrachud has emphasized the need to establish an All India Judicial Service (AIJS) to ensure a more robust and efficient judicial system. Speaking at a program organized by Odisha Television Network in Bhubaneswar, the ex-CJI highlighted the urgent necessity of filling judicial vacancies, particularly in the district judiciary, to enhance the effectiveness of the legal framework.
The former CJI pointed out that judicial recruitment at the district level is currently conducted by the Governors in consultation with High Courts, and not by the central government or the Supreme Court. Addressing concerns regarding vacancies, he stated, “There is about 21% vacancy in the district judiciary today. I think we should consider whether we can introduce an All-India Judicial Service. The AIJS can be brought in basing on the model of central civil services by making necessary modifications. It is too important to introduce the service.”
He also addressed concerns raised by state governments regarding federalism, stating that a unified recruitment process would not undermine the federal structure but would, in fact, integrate the nation further. “My answer to that is this—we should have one common examination for recruitment all over the country. So that you will get the best from across the country. Someone from Tamil Nadu can come to Odisha, somebody from Odisha can go to Meghalaya, somebody from Maharashtra can go to Jammu & Kashmir and someone from Jammu & Kashmir to Gujarat, so that we will really subserve the entire purpose of integrating India into one nation,” he remarked.
Additionally, he proposed a balanced approach for reservations, ensuring that state-specific reservation policies are implemented without compromising the integrity of a centralized selection process.
This call for AIJS has received previous support from President Droupadi Murmu, who, during the 2023 Constitution Day celebrations, underscored the importance of a judicial recruitment system akin to that of IAS and IPS to attract and nurture legal talent. She had asserted, “For IAS, IPS, there is an all-India examination. There can be an All India Judicial Service which can select brilliant young stars and nurture and promote their talent from lower level to higher level.”
Despite these endorsements, AIJS has not yet materialized due to a lack of consensus among state governments and high courts. In 2022, then Union Minister for Law & Justice Kiren Rijiju clarified in the Rajya Sabha that there was no proposal to establish AIJS due to the absence of unanimity among stakeholders.
Apart from judicial vacancies, the former CJI also emphasized the necessity of comprehensive judicial reforms, including improvements in judicial infrastructure, enhanced judge-to-population ratio, and an efficient justice delivery mechanism. He stressed that a transparent and objective judiciary is crucial for both protecting citizen rights and fostering a business-friendly environment.
Discussing the reluctance of lower courts in granting bail, Chandrachud expressed concern over the prevailing culture of distrust. He stated, “The district judiciary is the first point of interface with common citizens, and it is important that they apply two principles—principles of presumption of innocence that every accused is presumed to be innocent until proven guilty, and secondly, bail should be the normal rule, and jail should be the exception.” However, he acknowledged that in serious offenses, societal interests must be taken into account.
He further elaborated on the pressure district judges face in granting bail, explaining that undue moral strictures should not be passed against them if bail decisions are overturned by higher courts. “We do not trust our public officials, and judges are no exception. If a district judge grants bail and if the bail is canceled, we should not pass moral strictures on the district judge. If a wrong grant of bail has been made, it can be reversed by a higher court,” he remarked.
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