The government of India has recently proposed to pass a bill to establish an All-India Judicial Service (AIJS) to recruit officers for subordinate courts through an entrance test. The provision of an all-India judicial service (AIJS) on the lines of the Indian Administrative Service and the Indian Police Service was mooted soon after Independence. In the present times, the idea of AIJS is being proposed in the backdrop of judicial reforms, especially to check persisting vacancies in judiciary and pendency of cases. The establishment of AIJS is a positive step, but faces many constitutional and legal hurdles.
The AIJS was first proposed by the 14th report of the Law Commission in 1958. The 42nd Constitutional amendment in 1976 amended Article 312 (1) empowering Parliament to make laws for the creation of one or more All-India Services, including an AIJS, common to the Union and the States. Under Article 312, Rajya Sabha is required to pass a resolution supported by not less than two-thirds of its members present and voting. Thereafter, Parliament has to enact a law creating the AIJS. This means no constitutional amendment will be required for establishment of AIJS.
The advantages of forming an All India Judicial Service includes:
- Creating an all India judicial service will help in making the judicial system more professional, accountable and equitable.
- In the absence of an all Indian judicial service it is very difficult to maintain the required strength of the judges in the district courts and the high courts. Currently, there are all the sanctioned posts are not filled up in the district courts. An all India judiciary would help fill up the vacant seats and thus help in speedy delivery of justice and hence decrease and eliminate the age-old problem of pendency of cases in the Indian courts.
- Recruitment through Union Public Service Commission can help make the selection process very transparent.