Satya Prakash
New Delhi, December 20
There is no proposal to create an All India Judicial Service (AIJS), the Centre has told Parliament even as it maintained that such a service is important to strengthen the overall justice delivery system.
“There was divergence of opinion among the state governments and among the High Courts on the constitution of All India Judicial Service. While some state governments and High Courts favoured the proposal, some were not in favour of creation of All India Judicial Service while some others wanted changes in the proposal formulated by the Central Government,” Law Minister Kiren Rijiju told the Lok Sabha earlier this month.
“In view of the existing divergence of opinion amongst the stakeholders, there is no such proposal of All India Judicial Service at this juncture,” the Minister said in a written reply to a question.
Rijiju, however, said, in the government’s view, a properly framed AIJS was important to strengthen the 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 marginalized and deprived sections of society,” he said.
He said a comprehensive proposal for the constitution of an AIJS was approved by the Committee of Secretaries in November, 2012 and it was included as an agenda item in the Conference of Chief Ministers and Chief Justices of the High Courts held in April, 2013. However, it was decided that the issue needed further deliberation and consideration, it added.
“Besides attracting some of the best talent in the country, it may also facilitate inclusion of competent persons from marginalized sections and women in the judiciary,” the Minister noted.
In the April 2015 Chief Justices Conference, it was resolved to leave it open to the respective High Courts to evolve appropriate methods within the existing system to fill up the vacancies for appointment of District judges expeditiously. The proposal for constitution of AIJS was also included in the agenda for the Joint Conference of Chief Ministers and Chief Justices of High Courts held on April 5, 2015, he said.
The proposal was again discussed on points of eligibility, age, selection criteria, qualification, reservations etc. in a meeting chaired by Minister of Law and Justice on January 16, 2017 in the presence of Minister of State for Law and Justice, Attorney General, Solicitor General, Secretaries of Department of Justice, Department of Legal Affairs and Legislative Department, Rijiju said.
It was once again deliberated upon in a meeting of the Parliamentary Consultative Committee in March, 2017 and the Parliamentary Committee on Welfare of SCs/STs on February 22, 2021, the Minister said, adding there was divergence of opinion among the stakeholders on AIJS.
