LawMin aggressive on reforms: targets Indian Legal Services and Indian Judicial services

Bar&Bench News Network

Jan 11, 2010

The Indian Legal Services and the Judicial Services have come under the Law Ministry's scanner. Judges may soon be selected through an All-India exam similar to the Civil Services exams, if a proposal currently being drafted by the Ministry is passed.

Acting on the advice of a Parliamentary Committee constituted to suggest reform in the selection process, the Ministry has now sought the view of the States and the High Courts on the matter. "It will naturally improve the deteriorating quality of language used in judgements delivered these days by the Courts, excluding the apex court," said a Ministry official.

The Committee, chaired by Senior Counsel and member of the Indian National Congress, EM Sudarsana Natchiappan, recommended initially setting up state judicial services, which would later develop into a National Judicial Service. This would cover appointment for all National and Regional Tribunals, Chairpersons and Members across various disciplines.

In conjunction, the Ministry is preparing a cabinet note to bring the Indian Legal Service (ILS) on par with the Civil Services. A Ministry official told media persons that the Ministry is considering setting up a training institute, and may approach the Indian Law Institute with a proposal to structure a 2-year training programme.

Officers of the legal services could also, at Government expense, go to Ivy League institutions for higher education. The Government is confident that their 'Grade-A' salaries will match the offers made by corporate firms. They are also capitalizing on the 'biggest litigant' tag. "Being the biggest litigant, the experience will range from cases related to economy to social sector and even political matters," said the official.

 

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Comments(13)
  • 1. "It is good to note that the Law Min is taking this step. It should be implemented asap. Many law students would opt for a Legal Service at par with Grade A Civil Services. Presently, the State Judicial Services do not attract quality students. In fact, some students do not even take the Civil Services as they have to take another OPTIONAL (non-law paper). A Leal Service Examination with only law papers and offering the same prestige as Grade A Civil Services would attract many lawyers (even if salaries are not matchable with corporates / firms). But the Law Min must keep the age limit high as many lawyers may want to opt for the service after working in the private sector for a few years and getting tired of it … or realizing later in life that it is more important to contribute to society than earning money and living 1st class (this would also help to get qualified professionals for tribunals like SAT, CLB, ITAT etc.)[Anonymous lawyer is a recent law graduate working in a law firm] :)". Anonymous Lawyer, Delhi
  • 2. ""It is good to note that the Law Min is taking this step. It should be implemented asap.This will increase the quality of our judicial system.judgesan Fairness and impartionlity .an officer who Passed the exam of All India Judicial Service will be posted as Add.District ". Tirupati Kumar Gupta, Kota,Rajasthan
  • 3. "I absolutely embrace this noble thought albeit it is unfortunate that some bad languages used in judjments helped to awake the Government from the slumber, although I firmly believe that there were compelling conditions for this amendment a long time back. Hence, the only thing required now is to bring thoughts to action as soon as possible and no matter how ironical, I must thank the hon' judges for whose inappropriate usage of language we are seeing an innovation so rare. ". Deep MUKHERJEE, Kolkata
  • 4. "I would really appreciate this move taken by the Law Ministry. What I feel is, many top rankers/university rank holders from law schools in our country are being recruited by MNC's and the best talented law graduates work for them.Instead, such talented law graduates could be imbibed into the Indian Legal services.This would further enhance our system.". A.B Ahmed, Tamilnadu
  • 5. ""i think indian legal service is a good option for those student who do not belong to a top level law school because the big corporate firms only hires big law school students or those have lots of working experience in their college time only. i think its a great oppertunity to those students who belong to a ordinary law school" aditi nagayach ,pune". Aditi, Pune
  • 6. "Verappa Moily deserves all applause for having judicial reforms high on his agenda.It was long overdue and a service on an All Indian Level is definitely a welcome step as All India Services hold a great attraction and charm for the candidates.Also judiciary was the only institution left where there was no All India exam.It will help a lot in improving the court infrastructure and improve the service conditions.Steps should be taken to begin the recruitment as early as possible.". Saurabh Sinha, Allahabad
  • 7. "The purpose of setting up National Law Schools was to create a new generation of worthy lawyers who would join the bar. But this purpose was far from being achieved as fresh graduates are tempted with lucrative packages of law firms. ILS has revived a new interest in judicial services and we are being led to think in this direction in our law school. I think it is the 1st step forward in years towards attaining the core purpose of starting National Law Schools so that the brightest of lawyers can be our future judges.". Sushree Pholgu, National Law University, Orissa
  • 8. "It is really a great oppurtunity who selects law field and it also helps lawyers to work a lot and use law a lot for the public welfare. notwithstanding the aforesaid this indian legal service also enhances the value of law and legal studies. a heartfelt thanks to our law minister for taking his step towards indian legal service. ". Nivedha, Chennnai
  • 9. "IAJS, mportant for india faderation as well as indian judicial syteme and its will improve the quality of judicial syteme and integrated the nationality and uniforme the indian judicial sytem with qwality.e337b ". Dwarkasawale, (Unknown City?) Mp
  • 10. "No doubt, a uniform examination and a minimum level of screening at the entry level will go a long way in developing an efficient judiciary. There cannot be any excuse for miserably failing to woo the talented young lawyers in the judicial system. It is indeed very thoughtful on the part of the Government to have started taking serious steps to attract the best talent in the judicial system. It is equally important to create the right working atmosphere as well. To my mind, the real problem with the judicial system is institutional promotion of 'mediocrity'. If there is one place in India, as indeed abroad, which has preserved and put some premium on mediocrity, that is the bench. More often that not, briefless lawyers go to the bench, and they are taught quickly by the system to promote the mediocrity in their approach and functioning there. Even if, by mistake, a brilliant person reaches the bench, he quickly learns that it is his intellect which alone can put him to trouble. The key to survival today is to have a low profile, which, in simple English, means the ability to go unnoticed. When was it last that you heard of any bright judge who knows his subject ? Forget the flowery language, I am talking about core professional skills. You cannot blame Government for this; it has something to do with the value system in the judicial systems. If one of them tries to excel in his work, his own colleagues bring him down to their level. However, what Government can do is to develop ways and means of evaluating the performance of judges on some objective basis, and let that objective evaluation of performance be the basis of their promotion.Examinations will certainly help, but what will help even more is creating an atmosphere conducive for transparent functioning and promoting the excellence in judicial work. That is where the key lies, but the difficult question is the extent to which judicial system will permit such reforms. That is where Government has to be extremely tactful in its approach. Just as much as it is important that you have good people, it is also important that you get the best out of your people. All the very best to the Government ! Lets hope that those at the helm of affairs in the judiciary also make their efforts to bring the overdue reforms. ". A Bystander, Pune
  • 11. "Verrappa Moily and EM Sudarsana Natchiappan really deserve appreciation for their new idea implementation. This AIJS/AILS has been long awaited in our country unlike many other countries..However, though off late, it is certainly a sign of positivism and uplifting the face of judiciary in our country considering the issues and news we read in daily newspapers about judicial system so oftenly..This service must come ASAP into implementation and action..without any further delays..Raghav". Raghvendra Singh Raghuvanshi, Indore
  • 12. "indeed, it is the need of the hour that the constitutional mandate for constitution of the Indian Judicial Service comes into being. To achieve the goal, appropriate Rules may be framed so that the linguistic or regional problems, transfer or posting etc. which are contemplated and very much important in the justice delivery system may be sorted out. The states may be given proportionate seats in the service or the posts of that category may be filled up by the officers of the particular state only. In short, a monitoring committee under the aegis of the highest judiciary of our beloved country consisting of legal luminaries covering every corner of the country may be formed so that the purpose of Article 312 of the constitution be fulfilled in its true perspective. ( This is an opinion as a citizen of this country).". Md. M.H. Barbhuiya, Assam, (Unknown City?)
  • 13. "introducing ILS is a very good initative taken my LAW ministry, but if our government really wants good legal servants then there should be no reservation policy in ILS exams.". Akash Pratap Singh, National Law University,Orissa
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