Chandigarh, July 16
The Union Government is considering creating a national-level judicial service, on the pattern of the All-India Civil Services. This follows a recent recommendation of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice.

In its 15th report, tabled in Parliament on May 22, the committee has asked the Union Law Ministry to expedite steps to set up all-India judicial services.

As of now, while most government departments have all-India service recruits, selected after the all-India competitive examination conducted by the Union Public Service Commission (UPSC) every year, judiciary is the only set-up that doesn’t have an all-India selection process.

Almost all states have their own state-level judicial services, with successful candidates constituting the bulk of the subordinate judiciary.

Since the plan to have an all-India judicial service would require the cooperation of all states as well as the high courts, their inputs would be sought before the plan is finalised.

Some years ago, a similar plan had come a cropper after majority of the state governments did not support the idea of having a national-level judicial service.

Even the National Commission to Review the Working of the Constitution had opposed the idea of having an all-India judicial service, holding that it would not be a better alternative to the prevailing system.

However, sometime back, the Union Law Ministry had informed the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice that the matter regarding the creation of an all-India judicial service was gaining momentum and the proposal was being examined afresh.

Incidentally, the proposal for having an all-India judicial service is not new and draws support from the reports of the first, eighth and the 11th Law Commissions.

Even the Supreme Court of India is not averse to the idea, with there being at least two judgments in which the apex court had recommended setting up of an all-India judicial service.

The judgments — first delivered on November 13, 1991, and the second on August 24, 1993, in the matter titled All-India Judges Association — expressly talked of the need for having an all-India judicial service.

Talking to The Tribune, Mr E.M. Sudarsana Natchiappan, Chairman, Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, said there was a need to have an all-India judicial service as this would ensure a fast-track justice delivery system.

“The Law Ministry will talk to the state governments and the Supreme Court. I personally don’t think there should be much opposition to the proposal. If all other sectors can have national-level services, why not judiciary?” he explained.