All India Judicial Service Examination on the Cards? What Law Ministry Said
In response to a query from Rajya Sabha member Sanjay Kumar Jha regarding the establishment of an All India Judicial Service (AIJS) for the selection of judges, Union Law Minister Arjun Ram Meghwal outlined the current status and challenges surrounding the proposal in Parliament today. The minister noted that despite repeated discussions, the proposal for an AIJS has faced persistent resistance due to divergent opinions from State Governments, High Courts, and other key stakeholders. As a result, there is currently no consensus on its implementation.
The minister explained that Article 312 of the Constitution provides for the creation of an AIJS, applicable to posts not lower than that of a District Judge. A comprehensive proposal for the AIJS was initially formulated and approved by the Committee of Secretaries in November 2012. The proposal was then tabled at the Conference of Chief Ministers and Chief Justices in April 2013. However, differing opinions among State Governments and High Courts stalled progress, as further deliberations were deemed necessary.
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The matter resurfaced during the Chief Justices’ Conference in April 2015, where it was suggested that High Courts should independently devise methods to address vacancies for District Judges within the existing system. Subsequently, the proposal was discussed again at the Joint Conference of Chief Ministers and Chief Justices in April 2015, but no significant steps were taken.
Further discussions were held in January 2017, chaired by the then Law Minister and attended by the Minister of State for Law and Justice, Attorney General, Solicitor General, and senior officials. The deliberations focused on key aspects such as eligibility criteria, age limits, qualifications, reservations, and selection procedures. These issues were later revisited during a meeting of the Parliamentary Consultative Committee in March 2017 and the Parliamentary Committee on the Welfare of SCs/STs in February 2021.
Most recently, the proposal was considered for inclusion in the agenda of the Joint Conference of Chief Ministers and Chief Justices held on 30th April 2022. However, it was ultimately excluded from the agenda due to ongoing differences among stakeholders.
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The establishment of an AIJS remains a contentious issue, with debates centred on the potential for streamlining judicial appointments at the district level versus concerns over its impact on judicial autonomy and regional considerations.
