No Consensus On All India Judicial Service Says Union Law Minister

Arjun Ram Meghwal

Union Law Minister Arjun Ram Meghwal informed Parliament on Friday that the proposal to establish an All India Judicial Service remains stalled due to a lack of consensus among key stakeholders, including state governments and High Courts.

Under Article 312 of the Constitution, an AIJS can be created at the level of District Judges. A comprehensive proposal for its formation was approved by the Committee of Secretaries in November 2012.

However, progress has been hindered by differing opinions on its implementation.

Key Developments and Roadblocks

2013 Conference: The proposal was discussed during the Chief Ministers and Chief Justices Conference in April 2013, where it was decided that further deliberation was necessary due to disagreements among stakeholders.

Stakeholder Feedback: State governments and High Courts expressed divergent views on the creation of the AIJS, covering aspects like eligibility, age, selection criteria, and reservations.

2015 Discussions: During the Chief Justices Conference in April 2015, it was resolved to allow High Courts to devise their own methods to fill district judge vacancies. A Joint Conference of Chief Ministers and Chief Justices that same year also failed to achieve consensus.

2017 Meetings: The issue was revisited in January 2017 and later discussed in a Parliamentary Consultative Committee meeting in March 2017, but no actionable progress was made.

2021 and 2022 Attempts: The Parliamentary Committee on the Welfare of SCs/STs deliberated on the matter in 2021. A proposal to include AIJS in the agenda for the 2022 Joint Conference of Chief Ministers and Chief Justices was considered but ultimately not included.

Current Status

The Law Minister stated that despite years of discussions, the divergence of opinions persists, preventing the proposal from moving forward. High Courts and state governments have yet to align on crucial aspects such as recruitment procedures, qualifications, and reservation policies.

In the absence of a unified agreement, the Law Ministry acknowledged that there is currently no consensus to advance the AIJS proposal. This stalemate underscores the complexities of balancing judicial autonomy, state interests, and the need for a unified recruitment framework at the national level.

The establishment of the AIJS remains a significant yet unresolved issue in India’s judicial reform agenda.