Law Ministry opts for judicial appointments for smooth run

PM Narendra Modi during the 50th year celebration of the Delhi HC has also mooted for having All India Judicial Service in place.
Ravi Shankar Prasad
Ravi Shankar Prasad

NEW DELHI: To make transparent judicial appointments, on the lines of civil services in India, the Ministry of Law and Justice has taken initiative to adopt All India Judicial Services (AIJS) so that eligible candidates can be given a go ahead with ease.

Earlier this week, Law Minister Ravi Shankar Prasad had discussed the issue with Attorney General Mukul Rohtagi, Solicitor General Ranjit Sinha and other officials from the Department of Justice. In November 2012, a Committee of Secretaries chaired by the Cabinet Secretary had approved a comprehensive proposal for creation of the service.

They also took note of the representation made by some lawyers that state that three High Courts have fixed same date for final examination for post of high court judges, leaving many eligible candidates in limbo. So far, 15 states and 18 high courts have responded to the 2012 proposal.

One of the problems cited by opposing state is that since several states have used powers under CrPC and CPC to declare that the local language would be used in lower courts even for writing orders, a person from Tamil Nadu may find it difficult to hold proceedings in states such as Uttar Pradesh and Bihar. The Law Commission itself had recommended the formation of AIJS in its 116th Report released in 1986. In fact, the Supreme Court had, in 1992, ruled that the recommendations of the Law Commission be examined expeditiously and implemented as early as possible by the Centre.

PM Narendra Modi during the 50th year celebration of the Delhi HC has also mooted for having All India Judicial Service in place. Last year, the ministry has requested the Chief Justice of India to convene the meeting with other Chief Justices of HCs to bring them on board. According to latest statistics, as of June 30, there was a shortage of 4,905 judicial officers in district courts as against the sanctioned strength of 21,324 posts. At present, judges for lower courts are mostly selected by HCs or the State Public Service Commission of respective states.

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