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
34 Most Interesting Facts And Features Of Indian Constitution That Every Indian Should Know
We all celebrate 26th January every year as our Republic Day. It is one of the huge celebrating event in our country.
We, being the loyal citizens of our country, know the reason behind the celebration. On 26th January 1950, the Constitution of India came into effect to administrate the country as a Sovereign Socialist Secular Democratic Republic.
Constitution is the foundational law of a country which ordains the fundamental principles on which the government (or the governance). It lays down the framework and principal functions of various organs of the government and its citizens. With the exception of the United Kingdom (U.K) almost all democratic countries possess a written Constitution. India also possesses an elaborate written Constitution which was enacted by a constituent assembly specifically set up for the purpose.
The constitution we have today has gone through a very
interesting journey, thus, has many exciting facts that you must know. Below we
have shared certain Most Interesting Facts And Features of the Constitution of India,
please read them with keen interest as many of them could be asked in
competitive exams.
34 Most Interesting Facts And Features Of Indian
Constitution That Every Indian Should Know
1. The idea that India should have a
Constitution was given by M N Roy, a pioneer of the communist movement in
India.
2. The original Constitution of India was not typeset or printed but was handwritten and calligraphed in both English and Hindi. Prem Behari Narain Raizada (Saxena) of Delhi wrote the entire constitution in a flowing italic style in the best calligraphic tradition of our country. He used 254 pen-holder nibs of NO.303 and devoted his six months to complete the writing.
He was allotted a room in Constitution House by the
Government of India to execute the prominent work.
Instead of charging any kind of remuneration, he had
asked permission to write his name on every page of the constitution and the
name of his grandfather with his name on the last page.
3. The
original copies of the Indian Constitution, written in Hindi and English, are
kept in special helium-filled cases in the Library which is located in the
Parliament of India.
4. Our
Constitution might not be one of the most recited scripts but is an example of
hand crafted creativity.
This momentous task of accomplishing the art work in
every page of Constitution was handed over to Acharya Nandalal
Bose in Kala Bhawan, Shantiniketan along with
his students.
Nandalal Bose himself painted the major images and
guided his students in designing other art work.
The most important page of Constitution “The
Preamble”, also called as the face of Constitution, was decorated by Beohar
Rammanohar Sinha, one of Nandalal Bose’s student.
5. Our
Constitution came into force after a long expedition with Constituent Assembly.
The Constituent Assembly set Drafting Committee on
29th August 1947 to prepare a Draft Constitution under the chairmanship
of Dr. Bhim Rao Ambedkar, also known as “Father of Indian
Constitution”. Its others members were:
Diwan Bahadur Sir Narasimha Gopalaswami Ayyangar
K.M. Munshi
Sir Syed Muhammad Saadulla
N.Madhav Rao
D.P.Khaitan (T Krishnamachari, after Kahitan's Death
in 1948)
6. Pandit
Jawaharlal Nehru presented an objective resolution on 13th December 1946 in the
assembly. This resolution served as the guidelines for framing up the
Constitution.
7. The
Drafting Committee prepared the draft of the Constitution, which came out in
the open in February 1948 to elicit the public opinion and reaction to it. The
constituent assembly next meet in November 1948 when the provisions of the
draft were considered and discussed in detail.
8. The
Assembly has discussed and passed 2473 amendments out of 7635 tabled. It took
exactly two years, eleven
months. and seventeen days for the Assembly in drafting the constitution.
9. The draft constitution was declared as passed on November
26th, 1949. 284 out of 299 members affixed their signature to the constitution.
On the same day the people of India
in the constituent assembly adopted, enacted and gave to themselves this
constitution. The date is therefore known as Constitution or National Law
Day.
The original constitution which was adopted on November 26th, 1949 consisted of a preamble, 395 articles and 8 schedules.
The preamble was enacted after the
entire constitution was already enacted.
10. The provisions related to citizenship, elections, provisional parliament, temporary and transitional provisions and some articles such as 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26th, 1949. The major part of the remaining constitution came into force on Jan 26th, 1950 which is considered as the commencement date and the Republic day.
11. Pandit Nehru was the first to sign the
Constitution's calligraphic copies and members from Madras followed
him. After the last member had signed the books, Rajendra Prasad
decided that he, too, must do so. But, rather than signing behind the last
signatory, he inserted his name in the small space between the last line of the
text and Nehru's signature.
12. It
was a raining cats and dogs outside the parliament, the day constitution was
signed, and this was considered to be a good omen by the assembly members.
13. And finally on 26th January, 1950 ,
the Constitution became fully effective. At a ceremony held in Rashtrapathi
Bhavan's Durbar Hall, Governor General Rajagopalachari solemnly proclaimed
India as a “Sovereign, Democratic Republic”. And thus we celebrated our First Republic Day.
Through its unprecedented abolition
of untouchability, the Constitution serves as a powerful emancipation
proclamation ending centuries of caste-based discrimination and social
exclusion.
14. The date 26th January was especially
selected since it was the anniversary of “Purna Swaraj Day” (26th January
1930); the day Indian congress seeded the fight for complete Independence and
hoisted the Indian national flag for the first time.
15. Our Republic day is celebrated for 3 days. Beating the retreat marks the end of the celebration on January 29.
16. The Indian Constitution is the longest written Constitution of any sovereign country in the world with 25 parts containing 448 articles and 12 schedules, 5 appendices (originally it contained 395 articles in 22 parts and 8 schedules at the time of commencement). The Indian Constitution has a total of 117,369 words in its English language version.
17. The Preamble to our Constitution was inspired by the Preamble to the
Constitution of the United States of America, which
starts with the sentence "We the people".
18. Our Constitution
makers took inspiration from various other Constitutions while drafting the one
for our country, which is why the Indian Constitution is often called a bag of
borrowings.
The Indian Constitution draws bits and pieces from other world constitutions like:
A. Irish Constitution – Directive principles have been derived from the Irish constitution.
B. British Constitution – Parliamentary form of government with a cabinet system having accountability to the lower House and parliamentary privileges.
C. US Constitution – Fundamental rights, the Supreme Court, the post of Vice-President.
D. Canadian Constitution – The Federal system, union-state relations and distribution of powers between the union and the states.
E. Australian Constitution – The concurrent list, provision of trade and commerce.
F. German (Weimer) Constitution – Emergency provisions.
G. French
Constitution - The concepts of Liberty, Equality and Fraternity.
H. Japan Constitution - The law on which the Supreme Court functions.
19. The
Indian Constitution has also been hailed as one of the world's best
Constitution because in 62 years of its adoption, it had been amended only 94
times. As of now, our Constitution has undergone a total of 101 amendments.
20. The
Part III of the Constitution of India describes the ‘Fundamental Rights’ that
guarantee civil freedom to all the citizens of India to allow them to live in
peace and harmony.
There are six fundamental rights mentioned in the
Constitution.
Right to Equality: Equality before the law. No partiality based on race,
religion, caste, creed, gender, or place of birth.
Right to Freedom: Right to speech and expression, to assemble peacefully or to
form an association, to move freely throughout the territory of India, to life
and liberty, reside and settle in any part of India etc.
Right to Freedom of Religion: Freedom of conscience and profession, to run
religious affairs and to give religious instructions in certain institutions.
Right against Exploitation: Banning of forced labor and prohibition of
employment of children in perilous jobs.
Cultural and Educational Rights: Preservation of language and culture of minorities
and right of minorities to establish educational institutions.
Right to Constitutional Remedy: To move the courts for issuance of writs &
explains the writs of Habeas corpus, Mandamus, Prohibition, Quo Warranto,
Certiorari.
21. Interestingly, in the beginning, the Right to Property was also one of the fundamental rights. The Article 31 of our constitution said that, "No person shall be deprived of his property save by authority of law." However, the 44th Amendment, in 1978, deleted it.
22. Indian
constitution constitutes the Directive Principles of State Policy which
contain the broad directives or guidelines to be followed by the State while
establishing policies and laws.
23. It
is a unique feature of the Indian Constitution that it makes the citizens
duties a part of the basic law of the land.
24. The
Constitution of India establishes a parliamentary from of Government both at
the Center and in the States.
25. Unlike
the federal Constitutions of the USA and Australia the Indian Constitution lays
down provisions relating to the Governmental machinery not only in the Center
but also in the States.
26. Indian
Constitution though written is sufficiently flexible.
27. The
Indian Constitution provides an independent judiciary which acts as guardian of
liberties and fundamental rights of citizens. Constitution ensures that
Judiciary is free of government influence to have a legitimate and authentic
decision making. Therefore a number of provisions has been made in the
Constitution to ensure independence of judiciary.
28. The
Indian Constitution has special reservation of seats for the Scheduled Casts
and Tribes in public appointments and educational institutions in the Union and
State Legislatures.
29. The
Indian Constitution is "for the people" and "by the
people". Constitution does not draws its authority from parliament, Prime
minister or President. Constitution draws its authority from "the
people" and has been promulgated "in the name of people"
30. The
Indian Constitution unlike other federal Constitutions provides for a single
unified judiciary with the Supreme Court at the Apex, the High Courts in the
middle and the Subordinate Courts at the bottom.
31. The
Constitution of India adopted a balance between American system of judicial
supremacy and the British principle of Parliamentary supremacy.
33. Under
the Indian Constitution every adult above 18 years of age has been given the
right to elect representatives for the legislature without prescribing any
qualification based either on sex, property education or the like.
34. An
outstanding feature of the Constitution is Panchayati Raj. The idea for
organizing village Panchayats was provided in the Constitution under Article 40
of Part 4 which received Constitutional legitimacy through the 73rd Amendment
to the Indian Constitution.
In this article, we have shared few
important facts of our Constitution that should be known by you being a citizen
of this country.
If you liked the article and found it informative, kindly share it with you friends.
