Issues in Federalism: All India Judicial Service (Download PDF)

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Discussion on the creation of an All India Judicial Service (AIJS) . The NITI Aayog.

Underlying Constitutional Provisions

  • All powers of recruitment and appointment of judicial services of the state lies with the State Public Service Commission as per the Article 233 and 234.
  • The Rajya Sabha is allowed to pass a resolution by two-thirds majority, in order to kick-start the process of creating an all India service as per the Article 312.
  • The Parliament can amend Articles 233 and 234 through a simple law (passed by a simple majority) , which will strip States of their appointment powers once the resolution is passed.

Representation from Marginalised Communities and Women

  • States providing reservations in their lower judicial service.
  • In the direct recruitment examination for district judges from the bar.
  • States such as Madhya Pradesh, Chhatisgarh, Uttar Pradesh, Rajasthan and Kerala provide for caste-based reservation in the direct recruitment examination for district judges from the bar.
  • Other states like U. P. , Karnataka, Rajasthan and Chhattisgarh provide women with special reservations.
  • The Supreme Court recently held that SC/STs can avail the benefit of reservation in State government jobs only in their home States (domicile) and not when they have migrated.

- Published/Last Modified on: April 29, 2020

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