All India Judicial Service (AIJS)

All India Judicial Service (AIJS)

Subject: Polity

Context: The Law Minister said that the govt was in talk with the Judiciary for AIJS to attract the “best minds” via competitive examinations and reservation to SC, ST, OBC so that the inclusive character of the judiciary

Concept:

• The idea was first mooted by the Law Commission in the 1950s to have an All-India Judicial Services.
• The Constitution of India was amended by 42^nd amendment to provide for an All-India Judicial Services under Article 312.
• The Chief Justices conferences in 1961, 1963, and 1965 favoured creation of All-India Judicial Services and even the Law Commissions (1st, 8th and 11th, 116th) had suggested the creation of the service.
• Articles 233 and 234 of the Constitution vested all powers of recruitment and appointment (judicial services of the state) with the State Public Service Commission and High Courts.
• Article 312 of the Constitution allows the Rajya Sabha to pass a resolution, by two-thirds majority, in order to kick-start the process of creating an all-India judicial service for the posts of district judge.
• Once the resolution is passed, Parliament can amend Articles 233 and 234 through a simple law (passed by a simple majority), which will strip States of their appointment powers.
• This is unlike a constitutional amendment under Article 368 that would have required ratification by State legislatures.
• Thus, if Parliament decides to go ahead with the creation of the AIJS, State legislatures can do nothing to stop the process.
• The recruitment is to be made through an all India judicial services examination conducted by the UPSC in order to maintain “high standards” in the lower judiciary.