Q. With reference to All India Judicial Services, consider the following statements:
1. Parliament requires the prior permission of President to create All India judicial services.
2. Creation of such a service is deemed to be an amendment under article 368.
Which of the statements given above is/are correct?
Answer: D
Notes:
Exp) Option d is the correct answer.
Creation of All India Judicial Services (AIJS) was first proposed by law commission in 1958
Statement 1 is incorrect: The 42nd Constitutional amendment in 1976 amended Article 312 of the Constitution. It provides that Parliament can create one or more All-India Services, including an AIJS, common to the Union and the States. It does not require prior permission of President.
Statement 2 is incorrect: Article 368 is not deemed to be amended for the law enacted for creating all India judicial service under article 312. The said service should not include any post inferior to that of a district judge.
