ALL-INDIA JUDICIAL SERVICE

Aug. 27, 2018

Union Minister Ram Vilas Paswan has called for generating a broader consensus among political parties for setting up an all-India judicial service.

About:

  • All-India Judicial Service (AJIS) is a proposed judicial service in India.

  • Background:
    • Original constitution didn’t provide for the creation of an AIJS.

    • After the Swaran Singh Committee’s recommendations in 1976, Article 312 was modified by the 42nd constitution (amendment) act in 1977 to provide for an AIJS.

    • Law commission in its 116th report suggested the Direct recruitment of judges from the entry level onwards would be through an open competition and this would be handled by an independent and impartial agency.



  • Arguments for its creation:
    • Our constitution provides for its creation. Law Commission of India (LCI) in its various reports (14th, 77th and 116th) and Supreme Court (in two of its judgments in 1991 and 1993) have recommended its creation.

    • If designed with the right incentives of pay, promotion and career progression, it could potentially become an attractive employment avenue for bright young law graduates.

    • Existing system has led to shortage of judges as today the subordinate judiciary depends entirely on state recruitment.

    • Judicial service will make the judiciary more accountable, more professional, and arguably, also more equitable.

    • In France, the judiciary is operated by a career judicial service



Source : The Hindu