An all-India test to recruit judges in states?

At Present, 25% Posts In Higher Judicial Services In States Are Filled By Lawyers

Taking the first step towards starting an All-India Judicial Services (AIJS), the Supreme Court on Tuesday sought the response of the high courts to the concept of recruiting 25% of the senior judges’ in the lower judiciary through an all-India test.

At present, 25% of the posts in the higher judicial services in the states are being filled up by practising lawyers, while the rest are advertised for open competition.

A bench comprising Chief Justice K G Balakrishnan and Justices R V Raveendran and M K Sharma, which is monitoring implementation of the Shetty Commission report on judicial reforms and payscales for lower judiciary, wanted to know from the HCs whether the posts, being filled from amongst advocates directly, could be referred to a body which could hold a centralised recruitment test.

Through this process, the vacancies in each state would have to be notified to the specified body, which would then invite applications from all over India from the lawyer candidates who wished to make a career in judiciary.

If this is implemented, a Kerala lawyer successful in the centralised recruitment test could be allocated a post in the Delhi lower judiciary, while an advocate from Delhi could find himself adjudicating cases down south.

In fact, the recently-concluded conference of chief justices of the HCs in New Delhi had resolved that “the HCs will consider entrusting recruitment up to 25% of the posts in the higher judicial service, required to be filled by direct recruitment, to a national commission, on all-India basis and send their respective views to the CJI within 8 weeks”.

The Supreme Court, while monitoring the reforms in lower judiciary in the All India Judges Association case, had on March 21, 2002 accepted a majority of recommendations of the first National Judicial Pay Commission, which had suggested establishment of an AIJS.

However, the Centre has not taken any step till date for implementing the judicial commission’s recommendations.

SC has asked HCs whether the posts can be referred to a body which can hold a centralised recruitment test

The Times of India 23 April 2008 P.21 New Delhi
With thanks from The Time of India
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