OTV Foresight 2025: Former CJI DY Chandrachud bats for All India Judicial Service

Former Chief Justice of India, Dhananjaya Yeshwant Chandrachud on Wednesday stressed on the need for a nation-level judicial recruitment system. While addressing the Odisha Television Limited’s (OTV) annual convention ‘Foresight 2025--Changing Times Changing Minds’ in Bhubaneswar, the former CJI said that there is a need for All India Judicial Services.

According to the former CJI, “We are now moving towards a highly developed economy and India is completely different to what it was in 1960s or 70s as far as the judicial reforms are concerned.”

India Needs More Judges: Former CJI DY Chandrachud

“If we have to take our nation to the next level, judicial reforms will be crucial as the existence of rule of law and efficient judicial system is critical for the realisation of rights of citizen and critical to the prospering of business. From both perspectives, an investor wants transparency, objectivity and certainty of outcomes. The judge to population ratio is very low and we need more judges; secondly, we need enhancement of infrastructure from district court to high courts across India and all vacant posts in India judiciary are fulfilled, said former CJI DY Chandrachud.

All India Judicial Services Can be the Answer: Chandrachud

According to the former CJI, the recruitment of district judiciary doesn’t fall under the jurisdiction of Supreme Court or the Government of India as it is a state subject. The recruitment is carried out by the Governors in consultations with the High Courts. “Can we bring All India Judicial Services…? I think it is important in the present context. Today, State governments say that we have a federal structure and they are concerned with the fact that an India Judicial Service can dilute Indian Federalism,” the former CJI said.

“My answer is that you should have one common examination for recruitment all over the country so that you get best from across the country. Someone from Tamil Nadu can go to Odisha and someone from Odisha can go to Meghalaya and so on and sub-serve the purpose of integrating India into one country,” he said.

According to the former CJI, the states are concerned about the fact that they have reservation and different states have different reservations. There can be one common entrance examination and recruitment on the basis of merit list in that examination and applying reservation in each particular state, he suggested.

Change of Mindsets Needed: Former CJI DY Chandrachud at OTV Foresight 2025

“We also have to change the mindsets. The lawyers in particularly obstruct criminal justice administration by asking for adjournments, not ready with their cases. I think there’s also need to bring change in the mindset on part of those who are vital stakeholders in the process of delivery of justice,” said the former CJI.

‘Tarik Pe Tarik’; ‘Shouldn’t be Reluctant to Grant Bail’

Judge never serves summons, rather police does it in criminal cases. Police officials have other responsibly and duties. Trials cannot be held when summons are not issued to witnesses and accused who are on bail, said former CJI Dhananjaya Yeshwant Chandrachud at OTV Foresight 2025.

“I am deeply concerned that there is reluctance on part of district judiciary to grant bail. The district judiciary is the first point of interface with common citizens and it is important that they apply to two principles- principles of presumption of innocence that every accused is presumed to innocence until proved guilty and secondly, bail should be the normal rule and jail should be the exception. But in case of serious offences, you have to deny bail. A judge has also not look at the interest of the accused but also the society,” said the former CJI.

If someone is accused of rape and murder, will you want to grant bail to such a person when you have to protect the interest of the society too? But there are cases where there are hundreds of witnesses and the trial will take 7 to 8 years. So, how long you can keep a person in jail, asked the former CJI.

“The district judiciary is reluctant as we generally live in a culture of distrust today. We do not trust our public officials and judges are no exception. If a district judge grants bail and if the bail is cancelled, we should not passing moral strictures on the district judge. If a wrong grant of bail has been made, it can be reversed by higher court,” he added.