The government has proposed to create an All-India Judicial Service for appointments to the subordinate judiciary in the country.
The proposal aims to create the service on the line of lines of All-India civil services.
Sources in the law and justice ministry said that a proposal to this effect is currently being studied by a committee of secretaries. Once cleared by the committee, the proposal is soon likely to be brought before the Union Cabinet for its approval.
Sources stated that after clearance from the Cabinet, the Rajya Sabha has to pass a resolution before the proposal could come into effect.
However, it is understood that the proposal, which has been pending for the past several years, is still facing stiff resistance from several state governments.
It is believed that state governments have objected to the proposal of establishing an All-India Judicial Service for the subordinate judiciary. “Several state governments have said it was a move by the Centre to encroach on the powers of the states as appointment of judges to the subordinate judiciary are under the respective state governments’ purview,” sources stated.
Law ministry sources clarified that nothing would be done without proper consultation with state governments. “We will evolve a consensus on the issue and only then move forward on the issue,” sources said.
It was pointed out that the committee of secretaries has been mandated to specifically look into the objections raised by state governments. Sources stated that once these objections are cleared, the law ministry is likely to move a Cabinet note on the issue soon.
One measure being proposed is that the services operate under a commission which operates independently of the Central government on the lines of Union Public Service Commission.
The Centre is also in the process of implementing the demand for establishing a National Judicial Commission for judicial appointments to usher in more transparency into the process.