So ? You have to be exceptional or in a SC Justice's words, "a creative wonder". Nepotism, yes, but being or not beinf exceptional is not something one can complain about.
Yes it is. Its a cesspool. Merit is the exception not the rule. That's why our legal system is the way it is. The Bar and the Bench can be assessed by how the legal system is perceived. The system doesn't serve most people and frequently leads to bizarre and unjust outcomes. People don't want to go to court cause its a chakravyu from which most people can't get out. There is limited room for merit. Those who have succeeded are exceptions not the rules.
Source: My experience practising before courts in India for a decade now.
And how many from state judicial services live to see this day? Like what is the percentage chance of a PCS-J becoming a High Court judge. Given my research and nepotism at play.. it is dismally low...like in a large state like UP may be 1 or 2 percent chance and in smaller states I will say almost zero. But want to hear the reality from someone who is litigating.
Someone here said it erodes after 5-7 years, it doesn’t. It’s almost impossible for a first gen to become a senior in Delhi (except if you’re exceptionally talented).
Nepotism related barriers to Litigation is not that high.
Even if you don't have a close relative or father, it will max take 5 - 7 years to go fully independent. With someone powerful in the bar, you will get a headstart as far as clients are considered, but if you Suck at what you are doing the client base will erode faster than a domino even if your father is a designated senior. There are senior lawyers who's children still don't get any work for the same reason.
Bench is altogether another level, nepotism is extremely high. Almost 80 % of Supreme Court Judge's are family members of former judges. Almost 60% of High Court judges are also the same.
This is because Litigation (after a few years) requires merit - even if your father is SA, Despite the headstart you can loose out in the long run.
But elevation to the bench is based on personal contacts and power.
Around 60 % of High Court judges are purely elevated from the bench = pure nepotism.
But the ones who are appointed from State Judicial Services (PCSJ - District Judge's) are appointed in a meritocratic way.
Is the bar to make into litigation really almost impossibly high? The stories I hear around discourages me a lot. It sounds so much like Bollywood's nepotism. Is it really that worse for a first-gen litigator?
Source: My experience practising before courts in India for a decade now.
The way y'all say, it doesn't even make sense for a first-gen to get into litigation.
It's a pity. Someone like Gita Mittal, J. would have truly done justice to the post of CJI.
Even if you don't have a close relative or father, it will max take 5 - 7 years to go fully independent. With someone powerful in the bar, you will get a headstart as far as clients are considered, but if you Suck at what you are doing the client base will erode faster than a domino even if your father is a designated senior. There are senior lawyers who's children still don't get any work for the same reason.
Bench is altogether another level, nepotism is extremely high. Almost 80 % of Supreme Court Judge's are family members of former judges. Almost 60% of High Court judges are also the same.
This is because Litigation (after a few years) requires merit - even if your father is SA, Despite the headstart you can loose out in the long run.
But elevation to the bench is based on personal contacts and power.
Around 60 % of High Court judges are purely elevated from the bench = pure nepotism.
But the ones who are appointed from State Judicial Services (PCSJ - District Judge's) are appointed in a meritocratic way.