The woman judge of a local court in
Jhunjhunu, Rajasthan was so aghast over heinousness in a child rape case that
he wrote a heart-moving poem in her judgement that awarded death penalty to the
convict.
A Lawyer Cannot Be Prosecuted For A Criminal Offence Merely Because He Gave Wrong Advice Or His Opinion Was Not Acceptable - Supreme Court
In the course of our legal research we found a very important Judgement for lawyers.
21 Golden Tips For Most Powerful Cross- Examination - Master The Art Of Cross - Examination
Cross examination means interrogating the Opponent's witness with permissible questions in the court of law.
20 Most Important Tips And Tricks To Crack Judicial Service Examination At The First Attempt
In
our previous post we have already discussed about the various confusions which
many Judicial aspirants have regarding judicial service examination and also
discussed in detail about the structure, syllabus and eligibility criteria for
Judicial service examination. Read that post from the link given below:-
Judicial Service Examination - Clearance Of Every Confusion - Detailed Information And Discussion
Order Order....
All the readers
of this post are hereby directed to read this post carefully and with kin
interest, it might help them in judicial preparation...
It looks like so
easy to say order order and to give verdict, just as we see in the cinemas and
serials....
But in real life
the situation is completely different....
As a law student
or as a practicing advocate you might saw that the Advocates after entering
into the Courtroom bowed down in front of the sitting judge and then proceed
further. Before asking anything to the judge they called them "My
Lord" and took permission. Again before leaving the Courtroom they bowed
down in front of the judge.
Why this is so ??
This is because
to show respect and gratitude towards the post. To show respect to the
knowledge and integrity of the person holding that post. As we always seek
justice from the lord, the person who provides Justice is therefore referred to
as "Lord"
So now you can
assume that the procedure of appointing such Lord might not be easy enough so
that people lost their confidence and faith upon the post....
That is why a
three tire exam running over a period of 6 months (more or less) has been
conducted just for the appointment of judges in lower Judiciary.
Thus, you must be
able enough and qualified enough to hold that post. Right..
In recent times
many people who follows our blog and Facebook page ask us about various
confusions which they have about Judiciary examination, some of them are
really funny. So we decided to write this post to clear every confusion
about Judiciary examination.
So lets start.
First Of All What
is Judicial Services Examination?
Judicial Services
Examination or the PCS (J)-Provincial Civil Service-Judicial Examination which
they are commonly referred to, are entry-level exams for law graduates to
become members of the subordinate judiciary.
The state governments under the supervision of the respective high ourts appoint members of the lower judiciary based on the competitive examination.
The judicial services have two entry levels.
1. First - Lower Judiciary Services.- This is meant for fresh graduates through an entrance exam conducted by the respective state public service commissions (UP, MP, Rajasthan etc.) or the High Court (Delhi). The syllabus for these exams can be found on the website of the commissions and includes law subjects along with English, general knowledge and the local language of the state. An entry through this avenue assures you of time based promotions and a secured employment early on in your career.
2. Second - Higher
Judiciary Services - This service is open
for lawyers with a certain prescribed minimum years of litigating practice,
usually seven years. Applicants have to appear for a competitive examination
for entry to the HJS the syllabus for which is similar to the one described
above. The advantage with this option is that if selected the applicant gets
posted as an additional district judge which significantly hastens promotional
prospects.
The subordinate judiciary has a fixed quota (which varies with each High Court) for elevation to the High Court. Towards this end the prospects of HJS members are better since they get senior posts at a younger age. The flip side however, is that it is relatively more difficult to clear the HJS exam (seats being lesser) as well as to prepare for it. Having practiced for seven or more years, a lawyer may find it tough to prepare for a competitive examination-as opposed to appearing for one just after graduation.
Eligibility
Criteria for Judicial Services Examination
Lower
Judiciary Services - The eligibility criteria for appearing in Judicial Services
Examination is a degree in LL.B and he/she has enrolled or qualified to be
enrolled as an advocate under the Advocates’ Act 1961.
Higher
Judiciary Services - Candidates must be graduates in
law and have a minimum number of years of litigating practice; usually seven
years.
Age Limit for
Judicial Services Examination -
Lower Judiciary Services - The age limit varies
according to the state. it is usually between 21 to 35 years.
Higher
Judiciary Services - The candidates must have attained the age of 35 years and
must not have attained the age of 45 years.
Maximum
Number Of Attempts To Crack Judicial Service Examination :
It depends
upon states only. As judicial services are conducted by state boards
(except Delhi), so they have their own criteria. Most states don’t have
number of attempts rather they prescribe the age limit.
However in
some states like West Bengal, Punjab candidates are permitted only 3 attempts
(for SC, ST, OBC it is 5) to appear in the examination. However in UPPCS(J) the
maximum number of attempts by a candidate is 4.
Now the
greatest confusion is :
i.e., whether
any experience is required to seat for the lower judicial service examination ??
The answer is Nooooo....No means No.
However we suggest to practice at least 6 months in lower court. Because it will help you to understand the dignity and respect towards the post, your future job description as well as it will be very helpful in your exam preparation...
But How???
Because when
you go to the court heard the arguments of the senior advocates, see the court
proceedings, read the Judgments given by the judge it will clear your concept about
the interpretation of law, proper application of law in real life as well as it
will increase your capability towards better understanding of the contents and
ingredients of a particular section which might boost your exam preparation.
However if you
completed your internship in the lower court at college level then it is nice.
But minimum
seven years litigating practice is essential for higher Judiciary examination.
Another
confusion is to whether any preference is given to a candidate who have
experience in practice ?
In lower
Judiciary examination there is no requirement as to experience in practice, and
as such it is implied that no preference is given to a candidate who have
experience in practice. There are many instances where candidates has been
selected for the post although they have no experience in practice.
Again
another confusion arise as to whether a domicile of one state can seat for
Judicial examination in another state?
The answer is
yes, a domicile of one state can seat for Judicial examination in another
state provided such candidate must have sufficient knowledge in regional
language of that particular state.
Pay Scale
For Judicial Officer -
Rs 27,700 -
44,700 with dearness allowance and other allowances as sanctioned by the
respective state government.
Structure of Judicial Services
Examination
Judicial
Service Examination is held in three successive stages namely Preliminary Examination,
Mains and Viva-Voce/Interview.
Preliminary
Examination–
The preliminary examination serves as a screening for mains exam. It comprises
objective type (usually multiple choice questions) questions. The marks secured
in the preliminary examination are not counted for the final selection. The
percentages of qualifying marks vary as per state. The minimum qualifying marks
in the preliminary examination is 60 percent for general and 55 percent for
reserved categories.
In
preliminary examination more than 70 percent questions comes from law
papers which generally includes Constitution of India, IPC, CPC, Cr.P.C. Indian
Evidence Act, Contract Act etc and rests may come from English, General
Knowledge, Aptitude, Logical Reasoning (varies from state to state)
Mains
Examination - The mains examination is subjective type. The exam comprises of compulsory and
optional papers. Compulsory papers include language of the respective states
and English language and three to four law papers which includes substantive as
well as procedural law on civil and criminal law and regional laws of the
respective states. List of optional papers varies from state to state from
which you have to choose two to three optional papers (this also varies from
state to state). Optional papers mostly consists of law subjects. The marks
secured by candidates in mains exam are counted for the final selection.
Candidates equal to three times the number of vacancies are called for
viva-voce.
Viva-Voce/Personal
Interview - This is the final stage of
selection where candidates are assessed on general interest, personality and
intelligence among other factors.
The marks obtained in the Viva-voce will be added to the marks obtained
in the Main Examination (Written) and the candidates position will depend on
the aggregate of both.
For the details syllabus of the exams, refer PSC websites of the
respective states. For Delhi refer Delhi High Court's official website.
All said and
done, you must consider before you take the plunge into the judicial service,
that the chances of a member for the lower judiciary making his way all the way
up the ladder are rather remote. Hence if you harbour dreams of becoming a
Supreme Court judge someday then this may not be the right choice for you. On
the other hand, if you want a secure and safe career and wish to be in public
service, albeit with a comfortable compensation package-instead of the vagaries
of litigation, then the judicial services may well be the right choice for you.
But if you crack the exam at very early stage of your life, your
possibility towards elevation into higher courts will be greater.
So, guys start
early to get success.
In our next post
we are going to share some important tips and tricks to crack judicial service
examination at the very first attempt. If you need that, let us know via
comments below.
Thank You
