The making of an All India Judicial Service was initially proposed in 1960. The Chief Justices’ Meetings in 1961, 1963 and 1965 favoured the making of an All India Judicial Service, however, the proposition had to be withdrawn after a few states and High Courts opposed it, as indicated by a conference paper arranged in 2001 as a component of the National Commission to Review the Working of the Constitution. Along these lines, the Constitution was revised in 1977 to accommodate an All India Judicial Service under Article 312. The proposition was again coasted by the UPA government in 2012 when it was revisited as a parliamentary proposition for a Bill and got checked by a council of secretaries and arranged as a Cabinet note. Be that as it may, the draft bill stood withdrawn again after resistance from HC Chief Justices who saw this as an encroachment upon their rights.
In India, Judges appoint Judges through the collegium framework, which has been the recipient of a constant criticism from the legal fraternity as a result of its absence of objectivity and unbiasedness. Different Law Commissions (first, eighth, and eleventh) had additionally recommended for formation of AIJS. Even the Supreme Court has not been unwilling to the notion as reflected in two of its judgements in 1991 and 1993, where it had prescribed the setting up of an All India Judicial Service. Additionally, Article 312 of the Constitution accommodates a national-level judicial service for the appointment of Judges. Regardless of this support, the arrangement for establishing an All India Judicial Service is hanging fire for as long as five decades.
India can look into the administrations of other countries to borrow structural framework ideas for setting up the All India Judicial Service. For instance, the French model, where the judiciary is worked by a career judiciary. In the UK, judges are chosen from the legitimate administration and in the US, the judges don’t require legal background. On this point, when contrasted with the US and UK, the French model is very tasteful. There are many points of interest of the all India judicial examination framework, fair administration conditions and consistency in the guidelines. The entry-level All India Judicial Service officers can begin their vocation as additional district judges and eventually ascend to High Courts and the Supreme Court. This procedure will pull in splendid, efficient and able law graduates to assume control as judges.
The states are not in complete agreement with the idea; they are referring to a few issues that would come up at later stages. One of the issues being referred to is that few states have utilized powers under provisions of CrPC and CPC to announce that local language will be utilized as a part of lower courts in court proceedings such as plaint, written statement as well as while writing orders, judgements and decrees. In the above situation, language would manifest as a noteworthy hold up for individuals from various areas who are unfamiliar with the local language.
A retired Judge of the Delhi High Court and a former Law Commission member, Justice (retd) Usha Mehra has called the All India Judicial Services an ‘impossible idea’, saying the concept has more issues beyond the local language barriers as being anticipated by different state and district courts of India.
At this moment driving forward the proposition for an All India Judicial Services Examination, Chief Justice TS Thakur will meet the Chief Justices of the High Courts to hold consultations over it. This endeavour, which is being contradicted by many states, means to streamline judicial appointments everywhere throughout the nation. The CJI’s initiative coincides with the end of the year test dates, which has gotten responses from numerous qualified candidates. The Delhi High Court held examinations on November 12 and 13, while Karnataka’s was conducted on November 12 and UP from November 11 to 13. Additionally, Prime Minister Narendra Modi amid the 50th year festivity of Delhi High Court held a month ago, had sponsored having an All India Judicial Service set up on the lines of all national examinations held for civil services.
In any case, considering the tremendous pendency of around three crore cases in district courts across India and the way that the district courts are running short of 5,111 judicial officers, a step in the right heading will pave the way for fast justice.