Parliament Question: Establishment of All India Judicial Service and Implementation of Constitutional Provisions

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE LOK SABHA UNSTARRED QUESTION NO. 3616 TO BE ANSWERED ON FRIDAY, THE 13TH MARCH, 2026 ESTABLISHMENT OF ALL INDIA JUDICIAL SERVICE AND IMPLEMENTATION OF CONSTITUTIONAL PROVISIONS †3616. SHRI MURARI LAL MEENA: Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the establishment of an All India Judicial Service (AIJS) with due provision for reservation on the lines of the IAS and IPS, would enhance opportunities for entry into the judiciary for candidates belonging to rural and disadvantaged sections, including Scheduled Castes, Scheduled Tribes and Other Backward Classes; (b) if so, the view of the Government in this regard; (c) whether various public representatives and legal experts have been demanding creation of an All India Judicial Service for a long time; (d) if so, the progress made so far in this regard; (e) whether there are instances where constitutional provisions relating to the empowerment of Scheduled Castes, Scheduled Tribes and Other Backward Classes remain fully implemented even till date; (f) if so, the reasons therefor; and (g) the time-bound action plan formulated by the Government for full and effective implementation of the inclusive provisions of the Constitution, particularly those relating to reserved categories? [1]ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI ARJUN RAM MEGHWAL) (a) to (g): Article 312 of the Constitution provides for the establishment of an All India Judicial Service (AIJS), which shall not include any post inferior to that of a District Judge. A comprehensive proposal was formulated for the constitution of an All India Judicial Service (AIJS) and the same was approved by the Committee of Secretaries in November, 2012. The proposal was included as an agenda item in the Conference of Chief Ministers and Chief Justices of the High Courts held in April, 2013 and it was decided that the issue needs further deliberation and consideration. The views of the State Governments and High Courts were sought on the proposal. There was divergence of opinion among the State Governments and among the High Courts on the constitution of an All India Judicial Service. The matter regarding creation of a Judicial Service Commission to help the recruitment to the post of district judges and review of selection process of judges/ judicial officers at all levels was also included in the agenda for the Chief Justices’ Conference, which was held on 03rd and 04th April, 2015, wherein it was resolved to leave it open to the respective High Courts to evolve appropriate methods within the existing system to fill up the vacancies for appointment of District judges expeditiously. The proposal for constitution of All India Judicial Service with views from the High Courts and State Governments received thereon was also included in the agenda for the Joint Conference of Chief Ministers and Chief Justices of High Courts held on 05th April, 2015. However, no progress was made in the matter. [2]The proposal of setting up of an All India Judicial Service was again discussed on points of eligibility, age, selection criteria, qualification, reservations etc. in a meeting chaired by then Minister of Law and Justice on 16th January 2017 in the presence of Minister of State for Law and Justice, Attorney General for India, Solicitor General of India, Secretaries of Department of Justice, Department of Legal Affairs and Legislative Department. Setting up AIJS was also deliberated in a meeting of the Parliamentary Consultative Committee in March, 2017 and the Parliamentary Committee on the Welfare of SCs/STs on 22.02.2021. It was proposed to include the issue of All India Judicial Service in the agenda for Joint Conference of Chief Ministers and Chief Justices of High Courts held on 30th April, 2022. However, the same could not be included in the agenda of the conference. In view of the existing divergence of opinion amongst the major stakeholders, at present, there is no consensus on the proposal for setting up an All India Judicial Service. As far as existing provisions regarding appointment of judicial officers in District and Subordinate Courts is concerned, under Article 235 of the Constitution of India, the administrative control over the members of district and subordinate judiciary in the States vests with the concerned High Court. In exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the respective State Governments, in consultation with the High Court, frame the Rules and Regulations regarding the issue of appointment, promotion, reservations and retirement of Judicial Officers in the State Judicial Service. **** [3]