Report No. 77
9.6. All-India Judicial Service.-
At the same time, we are of the view that the suggestion to have an All-India Judicial Service of the same rank and same pay-scales as the Indian Administrative Service should receive serious consideration. According to Article 312, as now amended, Parliament may by law provide for the creation of one or more a all-India services (including an All-India Judicial Service) common to the Union and the States.
We are conscious of the fact that a school of thought and many States are strongly opposed to the creation of All-India Judicial Service. The objection is mostly based upon the consideration that since the proceedings before the subordinate courts would be conducted in regional languages, members of the higher judicial service hailing from other States would not be in a position to efficiently discharge their functions. This difficulty can be obviated if, like recruits to the Indian Administrative Service, the recruits to the All-India Judicial Service also undergo a training period of two years.
During that period, they can acquire also familiarity with and mastery of the regional language of the State to which they are to be allocated after the completion of their training period. The requirement about practice at the bar may perhaps have to be waived for recruitment to All-India Judicial Service, as they will be recruited at a comparatively younger age. It should, however, be that the competitors are graduates in law.
9.6A. Attraction of All-India Service.-
Another reason which should weigh in favour of the creation of the All-India Judicial Service is the attraction that an All-India Service holds for bright young graduates, including law graduates. The result is that many of them compete for and are selected for the Indian Administrative Service. If the All-India Judicial Service is created with the same rank and pay scale as Indian Administrative Service, the Judicial Service would hold perhaps greater attraction for bright law graduates.
The Judicial Service in such an event would not be denuded of talented young persons. The Law Commission presided over by Shri Setalvad also felt this difficulty and observed1 that an important factor which detracts from the attractiveness of the judicial service is the inferiority of the status of a judicial officer compared with that of the executive officer. The Law Commission in this connection referred to the following observations of an experienced Chief Justice:-
"One reason why meritorious young men or young practitioners of some standing keep away from the judicial service is the comparative inferiority of the status of district judicial officers vis-a-vis concern of the district executive, Formerly, the district judge, like the district magistrate, used to be a member of the Indian Civil Service and his position in the district was superior to that of the district magistrate.
Under the present system, the district magistrate is a member of the Indian Administrative Service which is a service of an all-India character, while the district judge is a member of the higher judicial service which is a State service. The difference in the category of the cadres to which they belong is reflected in the status they occupy in relation to each other and in the estimation of the public.
Vis-a-vis the district magistrate, the district judge feels small and is treated at a person of little consequence. Nor can the district judge attain the sense of independence which he might have acquired, it he had not been under the administrative control of the State Government in regard to his service."
1. 14th Report, Vol.1.