Uniform Judicial Recruitment at All India Level

In exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the State Governments frame rules and regulations in consultation with the respective High Courts in respect of the members of the State Judicial Service. Thus, the recruitments, appointments, posting/ transfers and other service conditions of judicial officers of the district/ subordinate courts are all governed by the respective State Governments. In some States the process of selection is undertaken through State Public Service Commissions, while in other States it is through the High Courts. Giving this information in written reply to a question in the Rajya Sabha recently, Shri Salman Khurshid, Minister of Law & Justice, said that while accepting the recommendations of the First National Judicial Pay Commission regarding recruitment to Higher Judicial Service, the Supreme Court of India in its judgement dated 21.3.2002 in W.P. (C) NO. 1022 of 1989 – All India Judges Association & Others Vs. UOI & Others had, inter-alia, laid down the quota for recruitment to Higher Judicial Services respectively of the Civil Judges (Senior Division) on the basis of seniority and through limited competitive examination, as well as of eligible advocates. The Apex Court had further directed that appropriate rules shall be framed by the High Courts as early as possible. The Supreme Court continues to monitor the implementation of its directions from time to time. All State Governments were party to the case, Shri Khurshid informed the House.

This is a welcome move though and with this inclusion legal services will attain standards of other All India Services recruitment.Moreover this is good if can be designed so that corruption can not touch the recruitment process at any level so the examination and implementation should be designed as such so it becomes absolutely difficult for any one even those who will be associated with the examination to know who is what and till the final declaration of results with a combination of human and machinery involvement.