Need a central selection process for lower judiciary: Prasad

Admitting that there was a "difference of opinion" between the government and the judiciary on the creation of an all-India judicial service, Law Minister Ravi Shankar Prasad today said there was a "compelling" need to have a centralised selection process to appoint members of the lower judiciary.

He also made it clear that the government did not want to encroach upon the autonomy of the high courts as far as the subordinate judiciary was concerned.

"There is a difference of opinion, as far as an all-India judicial service is concerned...the government of India or the state governments have no role," he said.

He said that members of the subordinate judiciary are recruited by the high courts or public service commissions on the directions of the high courts.

"It is a work in progress...there is a compelling need to have a centralised selection process (for lower courts)," he said.

Prasad had last week pitched for a national-level entrance test for "talent infusion" into the subordinate judiciary.

He had said the all-India examination would allow the pool of talented young lawyers who graduate every year from national law universities to be part of the subordinate judiciary.

The government has in the past proposed an all-India judicial service to be conducted the Union Public Service Commission.

But nine high courts have opposed the proposal to have an all-India service for lower judiciary. Eight others have sought changes in the proposed framework and only two have supported the idea.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for lower judiciary in the country. The idea was first mooted in the 1960s.

Seeking to overcome the divergence of views, the government had recently suggested to the Supreme Court various options, including an NEET-like examination to recruit judges to the lower judiciary.

National Eligibility cum Entrance Test (NEET) is conducted for admission to medical colleges.

There were vacancies of 4,452 judges in subordinate courts in the country as per the figures released on December 31, 2015. While the sanctioned strength is 20,502, the actual number of judges and judicial officers in subordinate courts is 16,050.

At present, various high courts and state service commissions hold exams to recruit judicial officers.