Report No. 99
2.12. Law Clerks.-
Connected with the above recommendation and with the idea of having well-drawn written arguments, is the question of appointing law clerks, to which we have made a reference above.1 This system has been regarded as successful in the United States, on the whole. Every institution has its critics, and this particular institution has not escaped its share of criticism in the United States. Still, our impression on a study of the writings that exist on the subject is that it has proved its utility. We think that the system has not been given a full and fair trial in India. It should be given such a trial. A beginning could be made by providing law-clerks to such of the Judges of the Supreme Court as may like to have them. The law clerks should be attached to particular Judges, and not merely to the Court as such.
Each Judge has his own style of working, his own preference for source materials, and his own leanings as to the manner of reading earlier cases. All these elements, subjective as they may be, need not be disregarded when providing research assistance to the Judges. We do not think that there is any need for us to set out in detail what would be the qualifications of the ideal law clerks, what would be their proper remuneration, for what time they should be appointed, and so on. These and other allied matters of an administrative character can be best left to be taken care of by the Supreme Court. It is needless to say that the institution of law clerks could prove to be useful for High Courts also, in cases of complexity.
1. Para. 2.9, supra; compare suggestion in para. 2.8, supra.