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Report No. 118

Chapter VI

Conclusions

6. In exercise of power conferred by Entry 11A in the Concurrent List of the Seventh Schedule of the Constitution of India. Parliament is competent to legislate for bringing uniform standards in the matter of recruitment to subordinate judiciary. A comprehensive legislation in this behalf will have to be enacted replacing the State legislations. This comprehensive legislation must aim at the following:-

(a) Uniform designations to various cadres of posts below the District and Sessions Judge. As pointed out earlier, they should be, at the entry level, Civil Judge (Junior Division) and Judicial Magistrate First Class. At the next higher level, the designation must be Civil Judge (Senior Division) and Chief Judicial Magistrate. When posted in metropolitan towns, the designation must be Metropolitan Magistrate.

Where Small Causes Court is set up, the Judge should be styled as Judge of the Small Causes Court. All other designations may be rescinded by a provision in the Statute herein indicated except those which are set out in inclusive definition of 'district judge' in Article 236 of the Constitution.

The legislation to be enacted in this behalf must provide for a minimum qualification for entry into service which must not be less than a degree in law, and though not necessary, if considered advisable, minimum practice at the Bar not exceeding three years;

(b) The service at the State level is to be styled as State Judicial Service. It shall be divided into two classes, viz., State Judicial Service Class I and State Judicial Service Class II. The cadre of Civil Judge (Junior Division) and Judicial Magistrate First Class shall be placed in State Judicial Service Class II and shall be manned by recruitment from the open market to the extent of 100% of posts. There shall be no direct recruitment to State Judicial Service Class I and the posts in that class will provide promotional avenues to members of State Judicial Service Class II;

(c) The entrants to service must be given training as per the recommendations of the Law Commission in its 117th Report;

(d) The law to be enacted in this behalf must provide for uniform conditions of service relating to pay, pension, promotional avenues, eligibility criteria for promotion, minimum age for entry in service, etc.;

(e) The agency for recruitment to the service would be National Judicial Service Commission in respect of which the next detailed report is being submitted. It is, therefore, not considered appropriate to add to the length of this Report;

(f) The National Judicial Service Commission will also arrange for written and viva voce tests upon combined result of which entry into the State Judicial Service branch Class II may be given. While the academy recommended by the Law Commission1 will prescribe detailed curricula for the examination, keeping in view the requirements of the grass-root judiciary, the subjects can be broadly indicated as:

(i) General knowledge,

(ii) Procedural laws; Civil Procedure Code and Criminal Procedure Code, and Evidence Act,

(iii) Expectations of the society from the judiciary,

(iv) A simple viva voce test not exceeding 50 marks must be prescribed,

(v) Art of writing judgment;

(g) The usual reservations should be made in favour of Scheduled Castes/ Scheduled Tribes and socially and educationally backward classes;

(h) Training in local language should be imparted where the candidate's mother tongue is other than the language spoken in the area where he is posted;

(i) The role of Public Service Commission in the matter of selection of personnel for judicial posts must be wholly excluded.

D.A. Desai,
Chairman.

S.C. Ghose,
Member.

Smt. V.S. Rama Devi,
Member-Secretary.

New Delhi,
Dated: 26th December, 1986.

1. LCI, 117th Report.



Method of Appointments to Subordinate Courts, Subordinate Judiciary Back




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