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Source: The post is based on the article “President bats for All India Judicial Service for equal representation in judiciary” published in “The Hindu” on 26th November 2023
Why in the News?
During the inaugural address at the Supreme Court’s Constitution Day celebrations, the President has called for the creation of an All-India Judicial Service to recruit judges.
What is All India Judicial Service (AIJS)?
| Specifications | Details |
| What is it | It is a reform that aims to centralize the recruitment of judges at the level of additional district judges and district judges for all states. |
| First Proposed by | Law Commission’s 1958 ‘Report on Reforms on Judicial Administration’ |
| Constitutional Provision | 1) Original constitution didn’t provide for the creation of an All India Judicial Service (AIJS). 2) Article 312 was amended by 42nd Constitution (Amendment) Act, 1976 to provide for an AIJS by a Parliamentary law. 3) It enables creation of the AIJS at District Judge level. |
| Process for creation of AIJS | Under Article 312, if Rajya Sabha passes a resolution by a majority of not less than two-thirds of Members present and voting, declares that it is necessary in the national interest, Parliament may by law provide for creation of one or more All-India Services (including an all India judicial service) common to both the Union and the States. |
How are district judges currently recruited?
1) Under Articles 233, district judges are appointed by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
2) As per Article 234, appointments of persons other than district judges to the judicial service of a State is made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.
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