All India Judicial Services

November 29, 2023

The President has favoured the creation of an All-India Judicial Service (AIJS) to pick judges from varied backgrounds through a process, which should be merit-based, competitive and transparent.
Presently, selection to the district and subordinate judiciary is done by state governments in consultation with the respective high courts with jurisdiction in that state.(Article 233)
Article 312 of the Constitution provides for the establishment of All India Judicial Service (AIJS), which shall not include any post inferior to that of a District Judge.
Backdrop
- In 1958, the 14^th report of the Law Commission of India had recommended the creation of the AIJS.
- The recommendation for the creation of AIJS was once again given by the Law Commission in its 77th report which was submitted in 1978 and in its 116th report which was submitted in 1986.
- In 1992, the Supreme Court also endorsed the concept of the AIJS, asking the Union government to assess its feasibility.
However, some high courts and state governments have opposed the proposal.
- Their key concerns were the dilution of the federal structure, and no address to structural issues plaguing the lower judiciary, including low pay and fewer chances of being promoted to the higher judiciary.
Need of AIJS-
- Over 5000 posts of Judges are currently vacant in the lower judiciary.
- Nearly 85% of the pending cases are at the level of the District Judiciary amounting to more than 2.5 crore pending cases.
- Favors better representation from all sections of society.