Experts against appointing fresh law grads as civil judges

CHENNAI: While there is an incessant debate about whether a fresh law graduate can be allowed to appear for the TNPSC’s civil judge examinations, the former judges and legal experts opine that appointing a fresh law graduate without any bar experience would pave way for practical difficulties in disposing of the cases in the lower courts.

Advocate M Radhakrishnan filed a petition before the Madras HC challenging the April 2018 notification of TNPSC allowing unenrolled law graduates for the civil judge examinations.

In his affidavit, the advocate said that the decision of the TNPSC was in contempt of the June 16, 2008 order of the Madras HC.

He further stated that a division bench of Madras HC while interpreting Clause 3 of Column 4 under Serial Number 9 of the Schedule to Rule 5 of the Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007, held that the expression “must be a fresh law graduate who is eligible to be enrolled or enrolled as an advocate” should be read as “must be a fresh Law Graduate who is eligible to be enrolled and enrolled as an advocate.”

He also highlighted a ruling of the seven-judge constitution bench of the Supreme Court in the case of SP Gupta and others Vs Union of India and others that the profession of lawyers is an essential and integral part of the judicial system. “If the Integrity or independence of the judiciary is threatened by any act of the state or any public authority, they would naturally be concerned about it, because they are equal partners with the judges in the administration of Justice,” the SC said in the order according to Radhakrishnan’s affidavit.

“Allowing graduates in law, who are not advocates and who are consequently not an integral part of the judicial system, to compete for the post of Civil Judge would be contrary to the above observations,” the advocate submitted.

Speaking to DT Next, former judge Justice K Chandru said that in the earlier days for every post in the subordinate judiciary minimum bar experience was required i.e., seven years for district judge post and three years for district munsif posts.

Supreme Court, in an order, introduced that law graduates directly write the examination meant for civil judge, junior division (munsif) according to Justice (retired) Chandru.

“The Apex Court also made it mandatory that those recruits must have a minimum service training of two years before they are declared satisfactory in their probation. However, no state government has any plan for two-year service for those graduates,” Justice Chandru said and noted that Tamil Nadu has six months of training.

“In several cases, due to the pressure of the vacancies, the recruitments to the vacant posts are filled in an urgent manner,” he added.

Justice Chandru further indicated that the Chief Justice exercises his extraordinary power under Rule 48 of the Tamil Nadu Civil Service (CCA) Rules to curtail the period of probation which enables them to bypass the requirement of training.

The retired judge also recalled his experience stating, “As High Court Judges when we go for inspection, we hear complaints from the local bar that the person who is presiding their court has very little practical experience and mostly guided by some senior lawyers which lead to unhealthy practice in their courts.”

TNPSC’s standing counsel B Vijay informed HC that enrollments are happening once in six months. “Due to this, law graduates waiting for the next enrolment event are unable to apply for the civil judge exam. Therefore, the TNPSC had decided to allow unenrolled law graduates to appear for the exam,” the TNPSC argued.

The first bench of the Madras HC has reserved orders in this matter.