All India Judicial Service

Last updated

All India Judicial Service is a proposed judicial service in India. [1] [2]

Contents

History

The proposal for an All India Judicial Service was first suggested in the Chief Justices' Conference in 1961 as a way to remove any scope for judicial or executive intervention in the appointments to the judiciary in the High Courts and the Supreme Court in India. The idea had to be shelved after some states and High Courts opposed it. [2]

The Constitution was amended in 1976 in midst of the Emergency to provide for an AIJS under Article 312. The entire amendment was struck down by the Supreme Court for undermining the independence of judiciary, which it interpreted as violating the Constitution's basic structure. The proposal was again floated by the ruling UPA - II government in 2012 but the draft bill was shelved again after opposition from Chief Justices of the High Courts who labeled this an infringement of their independence.

Promotional Hierarchy

The promotional hierarchy of "All India Judicial Service" Group 'A' gazetted officers is mentioned below (bottom to top).

See also

Related Research Articles

Chapter 9: Judiciary.Chapter 9 of the 1997 Constitution of Fiji is titled Judiciary. It is divided into twenty-two sections, setting out the composition and functions of the Judicial branch of the Fijian government.

The district courts of India are the district courts of the state governments in India for every district or for one or more districts together taking into account of the number of cases, population distribution in the district. They administer justice in India at a district level.

<span class="mw-page-title-main">Judiciary of Pakistan</span> National judicial system

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

<span class="mw-page-title-main">Judiciary of India</span> National court system

The judiciary of India is the system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The Constitution of India provides concept for a single and unified judiciary in India.

<span class="mw-page-title-main">Lokpal</span> Ombudsman agency of India

A Lokpal is an anti-corruption authority or body of ombudsman who represents the public interest in the Republic of India. The current Chairperson of Lokpal is Ajay Manikrao Khanwilkar. The Lokpal has jurisdiction over central government to inquire into allegations of corruption against its public functionaries and for matters connected to corruption. The Lokpal and Lokayuktas Act was passed in 2013 with amendments in parliament, following the Jan Lokpal movement led by Anna Hazare in 2010. The Lokpal is responsible for enquiring into corruption charges at the national level while the Lokayukta performs the same function at the state level. The age of Lokpal on the date of assuming office as the chairperson or a member should not be less than 45 years.

The Lokayukta is the Indian Parliamentary Ombudsman, executed into power, through and for, each of the State Governments of India. It is brought into effect in a state after passing the Lokayukta Act in the respective state legislature, and a person of reputable background is nominated for the post. The post was created to quickly address the working of the government or its administration. Once appointed, Lokayukta cannot be dismissed or transferred by the government, and can only be removed by passing an impeachment motion by the state assembly.

Ranjana Prakash Desai is a former judge of the Supreme Court of India and the head of the Delimitation Commission of India. She was previously a public prosecutor for the State of Maharashtra, and served as a judge on the Bombay High Court before her appointment from the Supreme Court. Following her retirement from the Supreme Court, Desai was the chairperson of the Indian Appellate Tribunal for Electricity.

<span class="mw-page-title-main">Judicial Service Commission (Kenya)</span>

The Judicial Service Commission (JSC) of Kenya is an independent Commission established under Article 171 of the Constitution of Kenya. Its mandate as stipulated in Article 172 of the Constitution is to promote and facilitate the independence and accountability of the Judiciary and the efficient, effective and transparent administration of justice. The commission has 11 members with the initial team appointed in December 2010.

<span class="mw-page-title-main">Judiciary of Kenya</span>

The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the Constitution of Kenya in 2010, the general public, through parliament, sought to reform the judiciary. Parliament passed the Magistrates and Judges Vetting Act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of Magistrates and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution, a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.

The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.

<span class="mw-page-title-main">National Judicial Appointments Commission</span> Failed proposal for an Indian legal body

The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the government of India and in all state governments of India. The commission was established by amending the Constitution of India through the 99th constitution amendment with the Constitution (Ninety-Ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014. The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme Court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission. The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the President of India Pranab Mukherjee on 31 December 2014. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.

Sukhda Pritam is an Indian judge, presently Director for Centre for Research and Planning in Supreme Court of India since April 2023. She earlier remained as Chief Judicial Magistrate, Ambala prior to her posting in Supreme Court. She remained as Joint Member Secretary, Haryana State Legal Services Authority in 2020-21. She also remained Deputy Registrar(Judicial) for two years at National Green Tribunal, Delhi. She is Judicial Magistrate First Class from Haryana Cadre. She was earlier appointed as Additional Civil Judge (Sr.) Division cum Judicial Magistrate in District Courts Sonipat since 19 April 2016. Her Father Justice Pritam Pal is a retired High Court Judge and was later appointed as Lokayukta, an anti-corruption ombudsman body of Haryana. After serving as Lokayukta her father retired from services on 18 January 2016. She was transferred and promoted from Chandigarh to Sonipat on 13 April 2016.

<span class="mw-page-title-main">Judiciary of Bangladesh</span> Bangladeshi judicial system

The Judiciary of Bangladesh or Judicial system of Bangladesh is based on the Constitution and the laws are enacted by the legislature and interpreted by the higher courts. Bangladesh Supreme Court is the highest court of Bangladesh. The jurisdiction of the Supreme Court of Bangladesh has been described in Article 94(1) of the Constitution of Bangladesh. It consists of two divisions, the High Court Division and the Appellate Division. These two divisions of the Supreme Court have separate jurisdictions.

Abhilasha Kumari served as Judicial Member of Lokpal of India since 23 March 2019 to 26 March 2024. She is a former judge who served on the High Court of Gujarat from 2006 to 2018, and as the first female Chief Justice on the Manipur High Court in 2018. She was a chairperson of the Human Rights Commission of the Gujarat state of India from 17 May 2018 to 23 March 2019.

Haryana Lokayukta is the Parliamentary Ombudsman for the state of Haryana (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Haryana Lokayukta and Deputy Lokayukta Act-2002, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Tamil Nadu Lokayukta is the Parliamentary Ombudsman for the state of Tamil Nadu (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Tamil Nadu Lokayukta and Deputy Lokayukta Act-2018 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Arunachal Pradesh Lokayukta is the Parliamentary Ombudsman for the state of Arunachal Pradesh (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Arunachal Pradesh Lokayukta and Deputy Lokayukta Act-2014 and approved by the president of India. The passage of The Lokpal and Lokayuktas Act, 2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Punjab Lokayukta is the Parliamentary Ombudsman for the Indian state of Punjab. It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Punjab Lokpal Act-1996, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Manipur Lokayukta is the Parliamentary Ombudsman for the state of Manipur (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Manipur Lokayukta and Deputy Lokayukta Act-2014 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Mizoram Lokayukta is the Parliamentary Ombudsman for the state of Mizoram (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Mizoram Lokayukta and Deputy Lokayukta Act-2014 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014, and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

References

  1. "An all-India judicial service in the works?". The Times of India. 24 September 2016. Retrieved 1 November 2016.
  2. 1 2 "End tug of war with All India Judicial Services". Tribuneindia.com. 15 July 2016. Retrieved 1 November 2016.