Editorials

Elitism in the Judiciary



In the noble professions of law, a prominent one is the judiciary and judges play a vital role in the judiciary. Recently, the bar council of India has said that it will file an application in the supreme court seeking drastic changes of the order which permit fresh law graduates to become judicial officers and the State bar councils are also strongly in favour of 3- year minimum experience at bar for being eligible to appear in the judicial service exam.

By an application BCI seeking modification on the basis of 2002 judgment pronounced by Supreme Court in all India judges association vs Union of India (2002). In this, the apex court observed that most of judicial officers are inefficient and inexperienced to persuade court proceedings. Along with this, judicial officers found lacking in basic legal etiquettes. BCI Secretary Shrimanto Sen upheld reformative method implementation in disposal of cases could be of much faster pace therefore leading to an efficient administration of justice.

Does 3 years experience at bar really matter?

What criteria, after being experienced at bar in pertinent parameters, make the candidate eligible for judiciary services so, of course, there is uncertainty in the measuring parameters. The civil justice committee report 1924-1925 said that even after experience of 3 years at the bar, there is no surety of any real experience earned by candidate. Similarly, the 116th law commission report suggested that 2-3 years experience at bar is not enough to justify proficiency in jurisdiction.
India has 19 judges per 10 lac people. This remains the same. There is no major change in 2020 on the 10 lac population. Also, BCI needs to rethink economic aspect of aspirants. A survey done by legal think-tank says that 79% percent of lawyers with less than 2 years of experience of litigation at the bar earn less than Rs. 10,000 a month therefore it would be economic challenges for being a fresh candidate.

Hindrance for the feeble section

This challenge of the BCI introduces elitism to the judiciary and makes it a more elite occupation. It would be an alienation of bright aspirants emerging from non-legal and feeble socio economic sections of the society.

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