Judges And Legal Practice: The Indian Scenario

The process of becoming a judge in India is a long and challenging one, requiring a bachelor's degree in law, seven years of legal practice, and the passing of state judiciary exams. A judge's salary in India can range from Rs. 27,700 to Rs. 2,50,000 per month, with varying allowances and benefits. Given the extensive qualifications, eligibility criteria, and competitive nature of the role, one may wonder if a judge in India can practice law.

Qualifications to become a judge in India

The process of becoming a judge in India is long and challenging, requiring specific qualifications and experience. Candidates must have a passion for the law and a desire to serve justice.

Education

To become a judge in India, a bachelor's law degree is required to take the Indian judiciary examination. Candidates can pursue this degree after completing the 12th standard, with a 5-year LLB, or after graduation in any field with a 3-year LLB. After completing their LLB, candidates must clear the All India Bar Examination (AIBE) conducted by the Bar Council of India.

Experience

In addition to a law degree, candidates must have a minimum of seven years of experience in a judicial position or as a high court advocate. To become a High Court Judge, a minimum of 10 years of experience as a lawyer is necessary. For a Supreme Court Judge position, candidates should be High Court Judges for at least five years.

Examinations

After completing their bachelor's degree, candidates can appear for the Judicial Services Examination or the PCS (J) exam to become practicing members of the judiciary. These exams are conducted in different rounds, including preliminary, main, and viva for Lower and Higher Judicial Services. The preliminary exam is an objective-type test dealing with general knowledge and legal aptitude, while the main exam is a descriptive test requiring detailed answers. Candidates passing the main examinations appear for an interview round for final selection.

Citizenship and Character

To become a judge in India, one must be an Indian citizen and have good moral character.

Skills

In addition to qualifications and experience, judges should possess excellent analytical and decision-making skills, as well as effective communication abilities. They must be able to apply the law impartially and fairly, without any prejudice. Time management and the ability to balance competing demands are also essential for the role.

The process of becoming a judge

Education

Firstly, a bachelor's degree in law, also known as an LLB, is required. Candidates wishing to pursue a career in law after the 12th grade can enrol in a 5-year integrated law course such as a B.A.LL.B.

Legal Practice

After obtaining a law degree, an individual must practise law for at least seven years to be eligible for the judiciary. This can be done as an advocate, pleader, or public prosecutor in any court of law.

State Judiciary Exams

The next step is to take and pass the state judiciary exams, also known as the Judicial Services Examination or PCS (J), or the Provincial Civil Service Judicial Examination. This exam is specifically for law graduates who wish to serve as members of the subordinate judiciary. The exam consists of a preliminary MCQ-based exam, a main descriptive exam, and an interview. Candidates must achieve a minimum score of 60% in the preliminary exam and 40% in each section of the main exam to qualify for the interview.

Training

Once selected, candidates undergo training for a year and are then appointed as judicial magistrates or metropolitan magistrates.

Judicial Experience

After appointment, individuals must serve for a minimum of three years as judicial magistrates. Following this, they become eligible for appointment as district judges.

Higher Judiciary

After serving as a district judge, individuals can apply for promotion to the higher judiciary, including the High Court and the Supreme Court. The High Court judges are appointed by the President of India in consultation with the Chief Justice.

Categories of judges in India

The Indian judiciary system is structured into three levels: the Supreme Court, the High Courts, and the District Courts or Sessions Courts. The Supreme Court is the highest court in the country and serves as the final court of appeal for all civil and criminal cases in India. The Chief Justice and the other judges of the Supreme Court are appointed by the President of India on the recommendation of a collegium. The maximum possible strength of the Supreme Court is 34 judges, including the Chief Justice.

High Courts are the top judicial bodies in individual states, controlled and managed by state Chief Justices. Each state has a High Court that deals with cases from that particular state. The High Courts also manage a system of subordinate courts headed by various District and Session Courts in their respective jurisdictions. The District Courts or Sessions Courts are the courts of the district and deal with cases at the lowest level.

To become a judge in India, one must have a bachelor's degree in law, seven years of legal practice, and pass the state judiciary exams. After serving as a judicial magistrate for a minimum of three years, candidates can become eligible for appointment as district judges. They can then apply for promotion to the higher judiciary, including the High Court and the Supreme Court. The salary of judges varies depending on their position and jurisdiction, ranging from Rs. 30,000 to Rs. 2,50,000 per month.

It is important to note that judges of the Supreme Court or a High Court cannot be removed from office once appointed, unless there is a two-thirds majority backing the move on grounds of misconduct or incapacity. Additionally, a person who has served as a judge in a court is barred from practising law in the jurisdiction of that court.

Judicial service exam

In India, a judge cannot practice law. However, to become a judge, one must have practised law for at least seven years. The process of becoming a judge in India is long and challenging. It requires a bachelor's degree in law, seven years of legal practice, and passing the state judiciary exams. The state judiciary examination is conducted by the State Public Service Commission. Candidates must be Indian citizens with good moral character and meet the age limit, which is usually between 21 and 35 years old.

The Judicial Services Examination, also called the Provincial Civil Service Judicial Examination (PCS (J)), is the entry-level exam for law graduates to become members of the subordinate judiciary. The exam is conducted by a state judicial department and consists of two stages: a preliminary exam with multiple-choice questions and a mains exam with descriptive-type questions. The syllabus for the judiciary exam varies from state to state but includes law subjects, English, general knowledge, and the local language of the state. The main examination constitutes six to seven papers, with almost 70% of the questions on law. The marks scored in the mains examination are considered when preparing the final merit list, and candidates are then called for interviews.

After passing the state judiciary exams, candidates serve as judicial magistrates for a minimum of three years before becoming eligible for appointment as district judges. They can then apply for promotion to the higher judiciary, including the High Court and the Supreme Court. The salary of judges varies depending on their position and jurisdiction. A judge in a lower judiciary role, such as a district court, can expect a salary ranging from Rs. 30,000 to Rs. 50,000 per month. In contrast, a judge in the High Court or the Supreme Court can expect a salary ranging from Rs. 1,00,000 to Rs. 2,50,000 per month.

There have been concerns raised about allowing fresh law graduates to enter the judicial service without any practical experience as an advocate. Some High Courts have demanded that experience at the bar be made mandatory to appear for the judicial service exam. However, the 2002 judgment of the All India Judges Association, based on the recommendation of the 1996 Justice K.J. Shetty Commission, removed this requirement. The Commission reasoned that the three years of practice requirement was deterring young law graduates from pursuing judicial services.

Judicial appointments

The process of becoming a judge in India is a long and challenging one. Candidates must pass the Judicial Services Examination or PCS (J), also called the Provincial Civil Service Judicial Examination. This exam is for law graduates who want to practice as members of the subordinate judiciary. After passing this exam, there are two further types of examinations: the Lower Judicial Services (LJS) and the Higher Judicial Services (HJS). The Lower Judicial Services Examination has an age limit, with the lower limit set at 21 years and the upper limit usually set at 35 years for general candidates. Relaxation is given to candidates falling under SC/ST/OBC categories.

To become a judge, candidates must clear the state judiciary examination, which is conducted by the State Public Service Commission. Based on their performance in the written examination, a merit list is prepared, and candidates are called for interviews. After selection, the candidates undergo training for a year and are then appointed as judicial magistrates or metropolitan magistrates (MM). They are then required to work for a minimum of three years in the post of Judicial magistrates and thereafter become eligible for appointment as district judges. They can then apply for promotion to the higher judiciary, including the High Court and the Supreme Court.

The salary of a judge varies depending on their position and jurisdiction. A judge in a lower judiciary role, such as in a district court, can expect a salary ranging from Rs. 30,000 to Rs. 50,000 per month. In contrast, a judge in the High Court or the Supreme Court can expect a salary ranging from Rs. 1,00,000 to Rs. 2,50,000 per month. In addition to their salary, judges are entitled to several other perks and benefits, including official residences, cars, and medical facilities.

To be appointed to the Supreme Court, a person must have been a high court judge for five years, practiced as an advocate in the higher judiciary for ten years, or be considered a "distinguished jurist" in the opinion of the President. In the past, appointments have been criticized, and there have been concerns raised about allowing law graduates to enter the judicial service without prior experience as an advocate. However, it has also been noted that requiring experience may deter young law graduates from pursuing judicial careers.

Frequently asked questions