Notably, the Law Commission of India had recommended the formation of an AIJS in its 116th Report released back in 1986.
In 1992, the Supreme Court had ruled that the recommendations of the Law Commission “be examined expeditiously and implemented as early as possible” by the Centre.
The proposal to create an AIJS has since made rounds in debates for some years, yet no significant development has happened till date due differences in opinion among stakeholders.
The Central Government, in 2016, had told the Delhi High Court that the Centre and the judiciary had been in a deadlock over the issue. The creation of AIJS was also formally discussed by the Law Ministry in January 2017.
In 2018, the Supreme Court refused to entertain a public interest litigation (PIL) petition seeking the creation of an AIJS for the recruitment of judges, observing that it is not something that can be done by a “judicial order.”
In 2021, as per a statement made by the then Union Law Minister Kiren Rijiju in 2021, 8 States and 13 High Courts expressed that they were not in favour of the initiative while the Central government opined that “a properly framed All India Judicial Service is important to strengthen overall justice delivery system.”
Source: Barandbench
