Question : INDIAN JUDICIAL SERVICE



(a) whether the Government proposes to constitute Indian Judicial Service;

(b) if so, the details thereof; and

(c) if not, the reasons therefor?

Answer given by the minister


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.