(a) whether the Government proposes to constitute Indian Judicial Service;
(b) if so, the details thereof; and
(c) if not, the reasons therefor?
(a) whether the Government proposes to constitute Indian Judicial Service;
(b) if so, the details thereof; and
(c) if not, the reasons therefor?
MINISTER OF THE STATE IN THE MINISTRY OF LAW & JUSTICE (SHRI K. VENKATAPATHY)
(a) to (c) : As per the recommendations of the Law Commission of India, the directions of
the Supreme Court of India in All India Judges Association case (Writ Petition No. 1022/89)
and the guidelines recommended by the First National Judicial Pay Commission, creation of
All India Judicial Service has been under examination of the Government. Since the creation
of an All India Judicial Service would require cooperation of the State Governments and High
Courts, views and comments of the State Governments and High Courts have been sought.
Further, creation of All India Judicial Service will require a Resolution in the Rajya Sabha
to be passed by not less than two thirds of the members present and voting, followed by an
appropriate enactment by Parliament under article 312 of the Constitution of India. The
National Commission to Review the working of the Constitution has not recommended the
creation of All India Judicial Service. No decision has yet been taken for creation of
Judicial Service at National level by the Government.