President Droupadi Murmu advocates for All India Judicial Service (AIJS)

The All India Judicial Service (AIJS) has remained a topic of discussion in the ongoing debate on judicial reforms for nearly six decades. The establishment of a Judicial Service Commission aims to facilitate the appointment of district judges and the assessment of the selection procedures for judges and judicial officers at various levels.

In her opening speech on 26th November 2023, at the Supreme Court's Constitution Day celebration on Sunday, President Droupadi Murmu advocated for the establishment of a nationwide judicial service to appoint judges. She emphasized that this approach would enhance diversity within the judiciary by increasing the presence of marginalized social groups.

President Murmu proposed the concept of an all-India judicial service, which would identify and support talented young individuals from the grassroots level, fostering their growth and progression from lower to higher positions. This system would select aspiring judges from all regions of the country, thereby creating a more extensive talent pool. Additionally, it would provide opportunities for underrepresented social groups to participate in the judicial process.

What is All India Judicial Services?

• In 1958, the 14th report of the Law Commission of India initially proposed the establishment of the All India Judicial Service (AIJS).
• In 1961, during the Chief Justices' Conference, a suggestion was put forth for the creation of the All India Judicial Service. This proposal aimed to eliminate any external influence, whether from the Executive or Judiciary, in the judicial appointment process.
• However, due to opposition from various High Courts and certain states, the proposal for the All India Judicial Service (AIJS) remained dormant until 1976.
• Subsequently, a constitutional amendment was made under Article 312 to accommodate the AIJS.
• The recommendation for the AIJS resurfaced in the 77th report of the Law Commission, submitted in 1978, and in the 116th report in 1986.
• The Government was urged to examine the viability of the Law Commission's recommendations for establishing the AIJS. This suggestion to the Government was made by the Supreme Court of India in the case of All India Judges Association versus Union of India and others.
• The creation of the All India Judicial Service was further discussed and endorsed by the Justice Shetty Commission, also known as the First National Judicial Pay Commission (FNJPC).
• In 2012, the Government of India introduced a proposal for the AIJS. However, due to opposition from the Chief Justices of the High Courts, who argued that it would encroach upon their jurisdiction, the proposal was once again put on hold.

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What is the rationale behind the proposal for the AIJS?

The concept of a centralized judicial service was initially explored in the Law Commission's 1958 'Report on Reforms on Judicial Administration.' The primary objective was to establish an efficient subordinate judiciary to address systemic issues like disparate pay and compensation structures across states, expeditious filling of judicial vacancies, and the uniform provision of training nationwide.

The discussion revolved around the possibility of establishing a statutory or constitutional body, akin to the UPSC, responsible for conducting a standardized, centralized examination for the recruitment and training of judges. This idea resurfaced in the Law Commission Report of 1978, which focused on addressing delays and backlog of cases in the lower courts.

Why has the All India Judicial Service (AIJS) been suggested?

The concept of a centralized judicial service was initially considered in the 1958 'Report on Reforms on Judicial Administration' by the Law Commission.

The primary aim was to establish an efficient subordinate judiciary that could address structural issues such as disparities in pay and compensation among states, expedite the filling of vacancies, and ensure consistent training nationwide.

There was a discussion about the possibility of establishing a statutory or constitutional body like the Union Public Service Commission (UPSC) to conduct a standardized, centralized examination for the recruitment and training of judges. This idea resurfaced in the Law Commission Report of 1978, which focused on the backlog of cases and delays in lower courts.

In 2006, the Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice, expressed its endorsement for the concept of a nationwide judicial service and even drafted a bill to this effect in its 15th Report.

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Conclusion:

Before the introduction of AIJS by the Parliament, it is essential to establish a consensus among various stakeholders involved. NITI Aayog has put forth recommendations for the creation of the All India Judicial Service, emphasizing the following points:

1. Judicial Independence: The AIJS cadre should be accountable to the Chief Justice of each respective high court to uphold judicial independence.
2. Regular Recruitment: AIJS examinations should be conducted at regular intervals, and the recruitment process should adhere to specified timelines.
3. Technological Integration: The adoption of video-conferencing technology can expedite the judicial process and mitigate logistical challenges.

Ensuring the competence and quality of the lower judiciary is vital for rejuvenating the entire framework of the Indian judiciary, and the establishment of the All India Judicial Service can be a significant step in this direction.

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