Who said lower judiciary does not offer money, the starting post salary of variously state judiciary is one lakh plus ( including all amenities) smd excluding official residence and car
Who the hell is saying that NLS kids are not going for Judicial Service, research well...I met candidate's (not 1 or 2 but 4-6) from QMUL / Cardiff & other foreign law universities during MPCJ /Haryana CJ / UPCJ exams. Since when the 2nd NJPC draft made public, forget nls or univ. kids many T1 corporate /SEBI /RBI/ employees /State PCS officers & even alot upsc aspirants shifted for PCS-J. Don't know about pre-2njpc but post there is a huge jump toward this.
Simply not very attractive to those with options/ a metropolitan background. Further, there are practical challenges of living at a tier 2 town (where you'll spend the rest of your youth upon joining lower judiciary)- will there be opportunities for your spouse? Will there be good schools for your kids? Will there be good medical facilities for your aging parents? Not everyone can adjust to a life at a remote location, no matter the designation.
Trial is a different matter. It's practically impossible to hold a trial without understanding the local language. The ias ips you refer to pick it in a span of eight to ten years. Moreover, when the documents tendered in evidence are in English, there is no way a judge can get around. We would be in a big mess if js is implemented.
They can be taught the regional language during their training just like IAS and IPS officers are. Collectors (including Additional Collector, Sub-Collectors) and Police SP (including ASP, DSP) at the district level usually come from the services and are mostly from other states. Yet they deal with everyday problems of the local people over a 100 different government schemes - including talking to villagers, documenting their grievances, working on files and handling law and order. They don't even have the luxury of communicating majorly with graduate educated lawyers. So, judges can definitely be trained for it.
IJS will be recruitment to the District Courts maybe as an Additional District/Sessions Judge.
Unless a candidate knows to read and write the local language, he will not be able to preside over Trial Court Hearings.
In many states there are lawyers who don't know English. 80 % of the Petitioners don't speak and write English.
Trial Courts are different from High Court and Supreme Court. Since English is used in the latter, and majority of lawyers are well versed in English. Petitioners rarely go to HC/SC.
In states like U.P., Bihar, Chhatisgarh, Rajasthan, a PCS-J judge earns respect in society and a decent dowry. They are government service minded people. Sarkari bungalow ie government accommodation, sarkari naukar add prestige to the holder in the eyes of his/her relatives.
Top 6 NLU students (most of them) have much better options. Corporate law, foreign jobs. If they want public service, they don't settle for anything less than UPSC or if they are so keen on the law, then practice for 20 years and get elevated to the High Court. No one with alternatives wants to slog it out through the lower judiciary, when career trajectories are not guaranteed (as the system currently stands).
LANGUAGE could be the main reason, my friend. For the lower judiciary, you need to be proficient in the regional language of that respective state. While many are able to speak fluently in their regional language, very few are able to speak and write. That becomes a problem. Also, in states like Karnataka, while Kannada is considered as the native language, certain regions in the state speak other languages such as Tulu, Konkini, Byaari etc.
Not LLM Graduates. LLM Graduates from Top NLU's don't get good placements. Also getting an LLM admission in these law schools are not hard.
I was talking about 5 year LLB Graduates. Why they are not joining Judicial Services. Getting a 5 year LLB admission in these law school is very tough. Not the same for LLM.
Oh, I didn't know we lallams were included. There are 16 of us in lower judiciary of various states from one batch at NALSAR. I have a BA LLB from one of the 'lower' NLUs.
How deep have you searched? - Rajasthan and Gujarat judiciary is full of graduates of NLUJ and GNLU. Also, please check MP with early batches of NLIU. It is a matter of looking I guess rather than deciding that we don't join lower judiciary.
I am curious to know why you didn't include NLUD in your top 6? I don't intend to start any flame war, just curious. If you could politely respond then that would be great.
Anyways, I guess the answer is that lower judiciary is a very unrewarding career and progression is very slow. Higher judiciary is considered much more prestigious, but it is easier to break into it through litigation practice rather than lower judiciary.
There are at least 25-30 NUJS LLB alum in multiple state lower judiciary. In Bengal, at least 10% of every LLM batch eventually goes into the state lower judiciary. You don't know about them because there is no LI post about them.
Apart from Delhi Judicial Services and probably Bihar JS, it's very rare to see Top 6 NLU (NLS, NALSAR, NUJS, NLIU, NLUJ, GNLU) Students in any State Lower Judicial Services.
For Example, Even after being in existence for 30 years, it's rare to find an NLS Graduate in Karnataka State Judicial Services. Same with NALSAR & NUJS in thier respective State Judicial Services.
Law Commission of India in the past (15 years back) also proposed directly allowing Law School graduates to join Lower Judiciary hoping that NLS Students join service. Why has it failed to materialized?
IJS will be recruitment to the District Courts maybe as an Additional District/Sessions Judge.
Unless a candidate knows to read and write the local language, he will not be able to preside over Trial Court Hearings.
In many states there are lawyers who don't know English. 80 % of the Petitioners don't speak and write English.
Trial Courts are different from High Court and Supreme Court. Since English is used in the latter, and majority of lawyers are well versed in English. Petitioners rarely go to HC/SC.
How is IJS even possible?
For the lower judiciary, you need to be proficient in the regional language of that respective state.
While many are able to speak fluently in their regional language, very few are able to speak and write. That becomes a problem.
Also, in states like Karnataka, while Kannada is considered as the native language, certain regions in the state speak other languages such as Tulu, Konkini, Byaari etc.
I was talking about 5 year LLB Graduates. Why they are not joining Judicial Services. Getting a 5 year LLB admission in these law school is very tough. Not the same for LLM.
Anyways, I guess the answer is that lower judiciary is a very unrewarding career and progression is very slow. Higher judiciary is considered much more prestigious, but it is easier to break into it through litigation practice rather than lower judiciary.
For Example, Even after being in existence for 30 years, it's rare to find an NLS Graduate in Karnataka State Judicial Services. Same with NALSAR & NUJS in thier respective State Judicial Services.
Law Commission of India in the past (15 years back) also proposed directly allowing Law School graduates to join Lower Judiciary hoping that NLS Students join service. Why has it failed to materialized?