Creation of an All
India Judicial Service has been under consideration of the Central
Government for a long time. This follows recommendations of the
Law Commission of India, decisions of the Supreme Court of India
in All India Judges Association Case and the guidelines recommended
by the First National Judicial Pay Commission, which forwarded
its report to the Government in November 1999.
The creation of an
All India Judicial Service would require cooperation of the State
Governments and High Courts. It is in this context, that the views
and comments of the State Governments and High Courts have been
sought. So far, State Governments of Chhatisgarh, Jharkand and
High Court of Jammu and Kashmir have not yet sent their comments
in this regard. As soon as the process of consultation with the
States and the High Courts is complete, the Centre will take a
final decision in this regard.
Further, creation
of an All India Judicial Service will require a Resolution in
the Rajya Sabha (Council of States) 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 the All India Judicial Service. Hence, no time
frame fixed for a final decision.
