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May 2010

Crisis of merit in lower judiciary

By Raman Jokhakar
Tarunkumar G. Singhal
Chartered Accountants
Reading Time 2 mins
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Judiciary faces a crisis of merit at a crucial layer as
majority of the states are finding it difficult to fill 25% of district judge
posts through a limited departmental examination that was devised to give talent
a speedy promotion route.

This became clear before the Supreme Court as senior advocate
Vijay Hansaria as amicus curiae pointed to the large number of vacancies in
district judge posts, which is the highest level in the lower judiciary
responsible for fighting the huge pendency of nearly 2.6 crore cases. The large
number of posts falling under the cadre of Higher Judicial Service was mainly
vacant due to failure of existing judicial officers to clear the tough
departmental competitive test. The situation is so bad that in Tripura, eight
posts were advertised under the speedy promotional route but only two candidates
applied, Hansaria said. This was the situation in almost all states.

Rao gave a chart of the vacancies under 25% quota for speedy
promotion through competitive examination. It said West Bengal had 50 vacancies,
Uttar Pradesh 24, Maharashtra 42 and Orissa 12. The Apex Court had noticed on
January 13 that in Bihar, though 16 posts were available, the HC could fill only
two.

(Source : The Times of India, dated 26-3-2010)

(Note : The origin of the problem lies in very poor
remuneration and pathetic quality of education and training in Law. The Law
Colleges are proliferating as it requires only a few class-rooms and a few book
shelves for a library. There is no supervision or control over quality of
education and training provided. Many persons enrol in these colleges ‘to be
student’ and enjoy the privileges, benefits and protection bestowed on
students.)

 

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