Context: The President of India recently suggested the creation of an All India Judicial Service (AIJS) examination during the Constitution Day Celebrations.
More about the news:
- Inclusive judiciary: The President highlighted the importance of varied representation of India’s unique diversity on the Bench and the Bar which helps serve the cause of justice better.
- Merit-based system: A process that is merit-based, competitive, and transparent will hasten this diversification process as the judges will be recruited from varied backgrounds.
What is All India Judicial Service (AIJS)?
- Article 312 Of the Constitution: It provides for the establishment of All India Judicial Service (AIJS).
- The AIJS shall not include any post inferior to that of a district judge as defined in Article 236
- Legislative power of parliament: 42nd Constitutional amendment in 1976 amended Article 312 (1) empowering Parliament to make laws for the creation of one or more All-India Services, including an AIJS, common to the Union and the States.
Lack of Consensus on All India Judicial Service (AIJS):
- Current scenario: As per the Law Ministry, at present, there is no consensus on the proposal for setting up an All India Judicial Service.
- 2022: The Union Minister for Law & Justice had informed the Rajya Sabha that there was no proposal to bring AIJS due to a lack of consensus among various State Governments and High Courts.
- 2017: AIJS was also part of discussion in 2017 in a meeting of the Parliamentary Consultative Committee and the Parliamentary Committee on the Welfare of SCs/STs in 2021. However, no consensus was reached.
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- Thus, Parliament may enact laws with regard to ‘Administration of Justice; constitution and organisation of all courts, except the Supreme Court and the High Courts’.
- Procedure for formation: If the Rajya Sabha declares by resolution supported by not less than two-third of members present and voting for the creation of AIJS, the Parliament may by law provide for creation of an All India Judicial Service common to the Union and the States.
- Also, no such law shall be deemed to be an amendment of the Constitution within the meaning of Article 368.
What is the significance of the All India Judicial Service?
- Induction of fresh legal talent: Suitably qualified fresh legal talent can be selected through a proper all-India merit selection system.
- Igniting young minds: It can select brilliant youngsters and nurture and promote their talents from lower levels to higher levels.
- Promoting social inclusion: It will also address the issue of social inclusion by enabling suitable representation to marginalized and deprived sections of society.
News Source: Indian Express
November 27, 2023