AIJS ENGir

Uवा @ UPSC वाला DHUMKUDIYA
CALL/WHATSAPP +919608166520
UPSC/BPSC/JPSC
JPSC CIVIL SERVICES EXAM / JPSC CDPO EXAM
All India Judicial Service
President Droupadi Murmu has called for an “All India Judicial Service” to recruit
judges during her inaugural address at the Supreme Court’s Constitution Day
celebration on Sunday (November 26). The president said that it will help make the
judiciary diverse by increasing representation from marginalised social groups.
The President’s comment has again reignited the debate on creation of All India
Judicial Service (AIJS).
What is the All-India Judicial Service?
All-India Judicial Service- The creation of AIJS is a reform aimed to centralise the
recruitment of judges at the level of additional district judges and district judges for
all states. Like the UPSC conducts a central recruitment process for bureaucrats
and assigns successful candidates to state cadres, AIJS will also centrally recruit
judges and assign them to states.
Constitutional Provisions for the All-India Judicial Service
- Article 312 of the Constitution, as amended by the 42nd Amendment, 1976,

provides for the creation of an AIJS. The Rajya Sabha has to adopt a
resolution, mentioning the necessity to create an All India Judicial Service in
national interest, with a two-thirds majority present and voting. The
parliament can then create the All India Judicial Service by passing a
parliamentary law to that effect.
- However, Article 312 (3) states that the AIJS cannot include any post
inferior to that of a district judge, as defined in Article 236. A district judge
can include a city civil court judge, additional district judge, joint district
judge, assistant district judge, chief judge of a small cause court, chief
https://t.me/UWAAUPSC
SUNDAY: Prelims TEST +Mains Answer Writing Practice
Medium of study: English / Hindi
UPSC/BPSC/JPSC
presidency magistrate, additional chief presidency magistrate, sessions
judge, additional sessions judge, and assistant sessions judge.
Current system of Recruitment of Judges in the lower Judiciary
I. Under Articles 233, district judges are appointed by the Governor of the
State in consultation with the High Court exercising jurisdiction in relation
to such State.
II. As per Article 234, appointments of persons other than district judges to the
judicial service of a State is made by the Governor of the State in
accordance with rules made by him in that behalf after consultation with the
State Public Service Commission and with the High Court exercising
jurisdiction in relation to such State.
AIJS recommendations SC’s Stand on AIJS Centre’s Action

1992- The SC directed the 2012– Centre came up with
1958- The law commission
centre to establish AIJS a “comprehensive proposal
first proposed a
(All India Judge’s for AIJS”, which was
‘Centralised Judicial
Association vs Union of approved by the
Service’.
India). Committee of Secretaries.
2013- AIJS was included
1978- The Law
in the agenda of the
commission again
1993- The Supreme Court Conference of Chief
proposed the idea of All
permitted the Centre to Ministers and Chief
India Judicial Service to
initiate the creation of AIJS Justices of the High Court.
clear the case backlogs and
independently. No consensus could be
delays in Judicial
reached on the issue of
appointment.
AIJS.
UPSC/BPSC/JPSC
2017- AIJS was discussed
2006- The Parliamentary in the Chief Justices
Standing Committee on Conference. However, it
2017- The Supreme Court
Personnel, Public was decided that the
suggested a “Central
Grievances, Law, and respective HCs would
Selection Mechanism” for
Justice supported the idea evolve appropriate
District Judges
of a pan-Indian judicial methods within the
Appointment.
service and prepared a existing system to fill up
draft bill. the vacancies for
appointing district judges.
What is the need for All India Judicial Service?
I. Huge vacancy of judges and delay in recruitment- There are large

vacancies in the posts in lower judiciary across the country and a huge
pendency of about 2.78crore cases in lower judiciary. One of the primary
reasons is the inordinate delay in holding regular judicial recruitment
exams by the states.
II. Dearth of good quality judicial officers- The ever continuing decline in
quality of selected judicial officers through the current recruitment
system have delayed delivery of justice, increased pendency of cases and
impaired the quality of judgments. This also has a resultant effect on the
competence of higher judiciary (High Courts and Supreme Court).
III. Lack of finances with state governments- State judicial services are not
attractive for ‘best talents’ due to low salaries, rewards and
compensations awarded by the state governments.
UPSC/BPSC/JPSC
IV. Lack of specialized state training institutions- Adjudication is a
specialization which requires state of the art training institutes and
professors. State institutes lack the capacity to allow such adjudication
exposure to the selected candidates.
V. Corruption in the Recruitment Process – The Current judicial

appointments at the lower level and upper levels suffer from subjectivity,
corruption and nepotism. Hence, there is a need to reflect the social
reality and diversity of the country by establishing a neutral and impartial
system of recruitment.
What are the benefits of the All India Judicial Service?
I. Attracting Fresh talent- AIJS will ensure a transparent and efficient

method of recruitment to attract the best talent in India’s legal profession.
A national service for judges, not inferior to the post of district judges,
with a superannuation age of 60, will be an attractive proposition for
young lawyers to apply for it.
II. Accountability, transparency and objectivity in recruitment process-

Open competitive exam would bring accountability, transparency and
objectivity in the recruitment process of judiciary by reducing discretion
of selection panel.
III. Representation to deprived sections- AIJS will improve the judiciary’s

representative character by drafting in trained officers from deprived
sections of society, especially women and SC/STs.
UPSC/BPSC/JPSC
IV. Increasing the Judge-to-Population ratio and checking the pendency of
cases- In India, there are about 19 judges per 10 lakh population, against
the Law Commission’s recommendation of at least 50 per 10 lakh people.
AIJS will ensure swift filling up of vacancies and ramping up of
recruitment to the lower judiciary.
V. Uniformity across the country- Quality of adjudication and the

dispensation of justice would attain uniformity across the country by
ironing out state level differences in laws, practices and standards.
What are the objections to the creation of All-India Judicial Service?
I. Dilutes separation of power- The creation of AIJS will transfer control

over state judiciary to Union government, by removing control of High
Court on recruitment process. It would undermine the independence of
judiciary and dilute the separation of power mandated under Article 50.
13 HCs are in disagreement with the All India Judicial Service.
II. Against India’s Federal structure- A centralised recruitment process is

seen as an affront to federalism and an encroachment on the powers of
states granted by the Constitution.
III. Local language problem- Courts up to District and Sessions Judge

transact their business in State language. AIJS officers would find it
difficult to acclimatize themselves with local language, thus hampering
dispensation of justice.
UPSC/BPSC/JPSC
IV. Local laws and customs problem- AIJS does not take into account the
problem of wide variation in the local laws, practices and customs across
States.
V. Discriminatory for weaker sections and Possibility of elitism- Candidates

from elite legal schools and large cities may benefit from the centralised
recruitment. This could be discriminatory for people from less fortunate
homes and smaller communities.
VI. Exclusion of state minorities and backward groups- State minorities and
backward groups will lose out on reservation benefits if the eservation
based on a central list.
VII. Restricted promotional avenues for State officers- The AIJS would limit
the promotional avenues for the already selected officers through the
current system.
VIII. Uncertainty on Career Progression- AIJS may be rendered unattractive

on account of lower number of district judges elevation to the HCs as
compared to the Bar.
IX. Mismanaged legal education problem- Barring a few National Law

Universities, the Curriculum followed by law universities lacks effective
standards, which results into low quality legal research and scholars. This
problem of lack of quality of good legal education will be unaddressed by
AIJS.
UPSC/BPSC/JPSC
Article 312 of the Constitution provides for the establishment of All India Judicial
Service (AIJS), which shall not include any post inferior to that of a District Judge.
The constitutional provision enables creation of the AIJS at District Judge level. In
Government's view, a properly framed All India Judicial Service 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 marginalized and deprived sections of society.
A comprehensive proposal was formulated for the constitution of an All India

Judicial Service (AIJS) and the same was approved by the Committee of
Secretaries in November, 2012. 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 proposal was included as an agenda item
in the Conference of Chief Ministers and Chief Justices of the High Courts held in
April, 2013 and it was decided that the issue needs further deliberation and
consideration.
The views of the State Governments and High Courts were sought on the
proposal. 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.
The matter regarding creation of a Judicial Service Commission to help the

recruitment to the post of district judges and review of selection process of judges/
UPSC/BPSC/JPSC
judicial officers at all level was also included in the agenda for the Chief Justices
Conference, which was held on 03rd and 04th April, 2015, wherein 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 All India Judicial Service with
views from the High Courts and State Governments received thereon was also
included in the agenda for the Joint Conference of Chief Ministers and Chief
Justices of High Courts held on 05thApril, 2015.
The proposal of setting up of an All India Judicial Service was again discussed on
points of eligibility, age, selection criteria, qualification, reservations etc. in a
meeting chaired by Minister of Law and Justice on 16th January 2017 in the
presence of Minister of State for Law and Justice, Attorney General for India,
Solicitor General of India, Secretaries of Department of Justice, Department of
Legal Affairs and Legislative Department. Setting up AIJS was also deliberated in
a meeting of the Parliamentary Consultative Committee in March, 2017 and the
Parliamentary Committee on the Welfare of SCs/STs on 22.02.2021.
In view of the existing divergence of opinion amongst the major stakeholders, at

present, there is no consensus on the proposal for setting up an All India Judicial
Service.
NITI Aayog
Before the implementation of AIJS by the Parliament, there is a need to build

consensus among various associated stakeholders. NITI Aayog has proposed the
creation of the All India Judicial Service and has provided the following
recommendations-
UPSC/BPSC/JPSC
1. Independence- The AIJS cadre should report to the Chief Justice of every high
court to maintain judicial independence.
2. Regular examination- The AIJS examinations must be held regularly and the
recruitment process must be completed in a time bound manner.
3. Use of Technology- Implementing video-conferencing to expedite justice and

reduce logistical issues.
The competence and quality of the lower judiciary is crucial for revitalizing the
entire edifice of Indian judiciary. All India Judicial Service is the right step in this
direction.
Way Forward:
Over the period of decades, number of States and High Courts have opposed the
idea of establishing an All-India Judicial Service.
Hence, before the Parliament establishes an AIJS, there is a need to build a broad
consensus between the Centre, States and the Judiciary on the topic.

AIJS ENGir

Uploaded by

Copyright:

Available Formats

AIJS ENGir

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

AIJS ENGir

Uploaded by

Copyright:

Available Formats

Uवा @ UPSC वाला DHUMKUDIYA

What is the All-India Judicial Service?

Constitutional Provisions for the All-India Judicial Service

- Article 312 of the Constitution, as amended by the 42nd Amendment, 1976,

Current system of Recruitment of Judges in the lower Judiciary

AIJS recommendations SC’s Stand on AIJS Centre’s Action

What is the need for All India Judicial Service?

I. Huge vacancy of judges and delay in recruitment- There are large

V. Corruption in the Recruitment Process – The Current judicial

What are the benefits of the All India Judicial Service?

I. Attracting Fresh talent- AIJS will ensure a transparent and efficient

II. Accountability, transparency and objectivity in recruitment process-

III. Representation to deprived sections- AIJS will improve the judiciary’s

V. Uniformity across the country- Quality of adjudication and the

What are the objections to the creation of All-India Judicial Service?

I. Dilutes separation of power- The creation of AIJS will transfer control

II. Against India’s Federal structure- A centralised recruitment process is

III. Local language problem- Courts up to District and Sessions Judge

V. Discriminatory for weaker sections and Possibility of elitism- Candidates

VIII. Uncertainty on Career Progression- AIJS may be rendered unattractive

IX. Mismanaged legal education problem- Barring a few National Law

A comprehensive proposal was formulated for the constitution of an All India

The matter regarding creation of a Judicial Service Commission to help the

In view of the existing divergence of opinion amongst the major stakeholders, at

Before the implementation of AIJS by the Parliament, there is a need to build

3. Use of Technology- Implementing video-conferencing to expedite justice and

You might also like