A Primer on the All India Judicial Service: A Solution in Search of a Problem 

Reports by Judicial Reform · December 16, 2019
Author(s): Prashant Reddy, Ameen Jauhar and Reshma Sekhar

The idea of creating an All India Judicial Services (AIJS) was first introduced by the 14th Report of the Law Commission in 1958. These recommendations have been reiterated by several stakeholders over the years and the Constitution was even amended during the Emergency to clear the decks for the creation of the AIJS. More recently, the Union Law Minister has repeatedly signalled his intention to go ahead with the creation of the AIJS in order to ensure more efficient recruitment as well as guaranteeing greater representation for marginalised communities through a system of reservations. Given the continuing interest in the creation of the AIJS, we at Vidhi have prepared a primer on the AIJS examining the history behind the proposal as well as highlighting the significant challenges in going ahead with the creation of an AIJS especially the issues of federalism, judicial vacancies, existing reservations policies, local language and customs within states. The report traces the trajectory of this discussion from 1954 till date, and how the ideas and justifications for its creation arguably emanate from outdated or incomplete information. It further argues that crucial facets regarding the establishment of an AIJS, governance structure, which cadre of judicial officers will it be applicable for, etc,. remain unaddressed in the existing discourse.

Download the full report – A Primer on the All India Judicial Service: A Solution in Search of a Problem 

About Prashant Reddy:

Prashant Reddy T. is a Senior Resident Fellow with the Judicial Reforms team. His areas of interest include judicial reforms, intellectual property law and drug regulation. He has a B.A.LLB (Hons.) degree from the National Law School of India University and a LLM degree from Stanford Law School. Prashant was awarded the Tata Scholarship by the J.N. Tata Endowment for pursuing his LLM. He is the co-author of ‘Create, Copy, Disrupt: India’s Intellectual Property Dilemmas’ which was published by Oxford University Press. He has been published in peer reviewed academic journals in India and abroad, as well as in newspapers, national magazines and digital platforms such as the Hindu, Indian Express, Business Standard, Economic Times, Caravan, Open, Scroll, Wire, Hoot, Bloomberg Quint and Live Law. He previously blogged for SpicyIP which is India’s leading blog on intellectual property law. Link to full bio

About Ameen Jauhar:

Ameen is a Senior Resident Fellow at Vidhi, and is leading advocacy for the JALDI mission, which is a collaboration between Vidhi and Tata Trust. His work at Vidhi deals with judicial reforms and access to justice issues in India. Ameen is interested in furthering evidence-based policy, following which he recently completed his master’s programme from the Institute of Education (University College London), focusing on the use of research evidence in policy processes, and was awarded an MSc. with an overall distinction. Before this, he completed his undergraduate legal studies from the W.B. National University of Juridical Sciences [B.A. LL.B. (Hons.)] in 2012. Prior to Vidhi, Ameen worked at J. Sagar Associates, in the firm’s regulatory and policy team. He has practised in the Supreme Court of India, the Delhi High Court, and numerous tribunals. Link to full bio

About Reshma Sekhar:

Reshma is a Research Fellow with the Judicial Reforms team. At Vidhi, her research has been on areas of judiciary that need systematic reform focusing on general issues relating to physical infrastructure of the lower judiciary, training of judges, working of central tribunals, and,specific issues of the Jammu and Kashmir High Court involving case pendency, disposal, court administration and management. Outside her core area of work, she is interested in data design, visualisation and information architecture. Reshma graduated with a B.A.LL.B (Hons.) degree from the National University of Advanced Legal Studies, Cochin in 2015. Prior to joining Vidhi, she worked at Wipro Technologies as an in-house counsel for the Legal and Compliance team. Link to full bio