All India Judicial Service

Published on 16 Jan 2025

All India Judicial Service

Article 312 of the Constitution provides for the establishment of All India Judicial Service, which shall not include any post inferior to that of a District Judge. This will give an opportunity for induction of qualified fresh legal talent selected through a proper all-India merit selection system as well as address the issue of social inclusion into the judiciary.

The formation of the All India Judicial Service was proposed by the Law Commission in 1958 and 1978. In 2006, the Parliamentary Standing Committee on Personal, Public Grievances, Law and Justice backed such a service. The Supreme Court in the All India Judges Association vs Union of India case, 1992 directed the Centre to set up an All India Judicial Service.

Need to have All India Judicial Service

• Faster filling of vacancy: All India Service exams will be held regularly which aids in filling the vacant positions without much delay. This could reduce the backlog of cases with the judiciary.

• Example: The vacancy in the High Court has been 38% while that at the subordinate court has been around 20%.

• Maintain uniform standards: This ensures consistency in the selection and recruitment of judicial officers. 

• Example: AIJS ensures uniform standard is followed in the High Court of Kerala or High Court of Assam.

• Quality and merit: Appointments shall be made only to those having merit and this negates the scope for favouritism and corruption in appointment.

• Reduce political interference: An exam-based recruitment is more impartial and reduces the influence that each party has in their respective states.

• Example: There has been an allegation regarding the involvement of regional political parties in the appointment of district judges.

• Consistency in adjudication: Having judges from a national service may lead to greater consistency in the interpretation and application of laws across different states.

• Example: Consistency in interpreting the law reduces subjectivity and makes the administration of justice smoother.

• More inclusive representation: Affirmative action can be implemented while recruitment ensures the socially marginalized community is given more chances to represent in the judiciary.

• Example: 75% of High Court judges appointed since 2018 are from the General category. Out of 604 appointees, only 18 are from SC and 9 are from ST.

Challenges in Forming All India Judicial Service

• Opposition from states: Creating an All-India Service is considered a centralizing move and acts against the spirit of federalism.

• Example: West Bengal has been vocal in its opposition to AIJS, citing encroachment into state autonomy.

• Unfamiliarity with local customs: Each state has their own unique traditions and practices and hence a unified standard may infringe diversity.

• Example: Appointments made to North East courts may find it difficult to understand their customs, resulting in poor justice delivery.

• Linguistic barrier: When an appointment is done at all India level, the judges may face a language barrier as all proceedings cannot be completed in English / Hindi.

• Example: The appointment of a judge from North India in any of the South Indian states can create linguistic barriers. This can hinder people from approaching the judiciary.

• Resistance from High Courts: Unified exam-based appointments reduce the say of High Courts in appointments made to district courts.

• Example: Only the Tripura High Court and the Sikkim High Court supported the move for AIJS while 13 High Courts opposed the move.

• Affects local reservation: Centralized reservation may not bring inclusivity as it undermines the opportunity for certain local minority groups.

• Not addressing structural issues: The creation of AIJS will not address the structural issues that are plaguing the lower judiciary.

• Example: AIJS cannot address the infrastructure shortage, digital lag and lack of proper record maintenance associated with subordinate courts.

• Administrative challenges: Creating a new service offers challenges on how to plan the resources and how to divide the responsibility between the centre and state.

Though the creation of an All India Judicial Service is appreciable, implementing such a policy without consensus from the state government and the high court may prove counterproductive. A practical approach could be to address infrastructure shortage and fasten the appointment process in states through effective monitoring mechanisms so that judicial efficiency is improved without compromising the spirit of federalism.

Tags:
Polity

Keywords:
Indian Judiciary All India Judicial Service Article 312

Syllabus:
General Studies Paper 2

Topics:
Functions of Judiciary