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All India Judicial Service: Law Minister Seeks Suggestions From States, High Courts

LIVELAW NEWS NETWORK
28 Jun 2019 4:16 PM GMT
All India Judicial Service: Law Minister Seeks Suggestions From States, High Courts
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The Union law ministry has wrote to all state chief secretaries and high courts asking them to "furnish views, comments, observations at the earliest" about creating an All-India Judicial Service, the Economic Times reports.The ministry has based its proposal on an earlier recommendation from a chief ministers' conference in 2013. Soon after swearing in as Law Minister, Ravi Shankar Prasad...

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The Union law ministry has wrote to all state chief secretaries and high courts asking them to "furnish views, comments, observations at the earliest" about creating an All-India Judicial Service, the Economic Times reports.

The ministry has based its proposal on an earlier recommendation from a chief ministers' conference in 2013.

Soon after swearing in as Law Minister, Ravi Shankar Prasad had asserted that the Ministry would discuss the proposal for creation of an All India Judicial Service and discuss the matter with the judiciary and the State governments. "We want good people into the judicial services and the selection should be merit based. There should be an intake of the best talent," he had said.

Law Commission Report No-116 of the year 1986 had recommended setting up of the All India Judicial Service. Much prior to this, the Law Commission had made recommendation in its 14th report published in the year 1958. But the states and High Courts have remained divided on this issue.

Article 312, after its amendment in 1976, provides that, if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more  All India judicial service common to the Union and the States.

In the year 1995, the Supreme Court in All India Judges Association v.Union of India, directed the Union Government to take immediate measures for setting up the All India Judicial Service.

In 2016, while disposing a Public Interest Litigation, the Delhi High Court had directed the Government to take a decision on the establishment of All India Judicial Service (AIJS), on lines of the Administrative and Police Services.

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