National Law Day All India Bar Association recommends major changes to the PM

Bar & Bench New Network On November 26, 2011 - 6:16pm

On the eve of the National Law Day, the All India Bar Association has put across their views to the Prime Minister, Dr. Manmohan Singh on the present legal system in India.

On the eve of the National Law Day, the All India Bar Association has put across their views to the Prime Minister, Dr. Manmohan Singh on the present legal system in India. The dignitaries who attended the meeting included Mr. Salman Khurshid, Hon'ble Minister of Law and Justice; Mr. V. Narayanasamy, Minister of State; Dr. Adish Aggarwala, Chairman of All India Bar Association; Sri C.L. Ruala, Member of Parliament and Vice President of Indian Council of Jurists and other members of the Lok Sabha like Mr. Bhubeneswar Kalita and Mr. Ninong Ering.

The AIBA has requested the Prime Minister to consider the following key issues:

Retirement Age of Judges - To increase the age of retirement of the Supreme Court judges from 65 years to 68 years and High Court judges from 62 years to 65 years. The lower court judges retirement age should also be increased to 62 years.

No post retirement jobs - Judges should not be appointed to head Commissions, Tribunals or any such authority after their retirement.

Mandatory Judicial Clerkships for all law graduates - It should be made compulsory for every new entrant in the legal profession to work for two years as a Law Clerk with Judges – those graduating from National Law Schools with the Judges of the Supreme Court of India and they should be paid a stipend of Rs. 40,000/- per month; those from State level law schools and Central Universities and best private universities with the Judges of High Courts and they should be paid a stipend of Rs. 30,000/- per month; and the others with the Judges at district courts and they should be paid a stipend of Rs. 20,000/- per month. The AIBA has contended that such a step will help in reducing the arrears of cases in courts as the Judges will get proper assistance and the budding lawyers will also get necessary experience.

The Prime Minister has asked the Law Minister to work on the changes suggested by the AIBA. Speaking to Bar & Bench Dr. Adisha Aggarwala said, “the Prime Minister and the Law Minister have conveyed that they will give serious consideration to these recommendations”.

Some of the issues raised by the AIBA are radical and will have implications across the Indian legal system. The suggestion to increase the age of retirement of judges has been an issue under consideration for quite sometime. However, the most interesting suggestion is with respect to the implementation of 'mandatory judicial clerkships for all law graduates'. While one can argue about the benefits and pitfalls of this suggestion, this seems to be a utopian idea which cannot be implemented in the real world.

Category:

News

Comments

Was

November 27, 2011 - 9:10am

These kind of childish recommendations is exactly why no one has heard if this Aiba.

Prof.M.R.Badi

November 27, 2011 - 3:09pm

I like and support this move, as every new entrant must go under training as new MBBS holder has to go to rural service under compulsion. This is like internship program given to MBA or PGDM or CA students all over India.Even Judges deliver mindless justice without going into the details of the cases even though the very cases are pending before them for more than 5-6 years.Because today's law-clerk would be a tomorrow's Judge.

Krishnendu

November 27, 2011 - 7:24pm

Why this discrimination between NLUs and Non-NLUs? they must not be given preference. Students must be selected on the basis of their overall achievements. @Prof. Badi- You must be aware of something called internships. A student from a NLU or best private law schools have atleast 10-14 months of internship. Second MBBS in govt medical colleges are subsidised, so there is a need of compulsory rural service. In NLUs people pay anything between 5 lakhs - 10 lakhs and these are self financed course. The compulsory training is just arbitrary, irrational and unjust.

Observer

November 27, 2011 - 11:30pm

Good suggestions. However, creating the distinction between the NLU grads and others does not appear to be appropriate. In fact, all law graduates must be undergo clerkship or otherwise assist in some other manner in the judiciary before being allowed to practise law. Most of the law graduates across the country would look forward to such positions. The NLU grads are likely to be more interested in a corporate law firm or a company since they spend a lot more on their law education.

Adv.

November 28, 2011 - 10:55am

The discrimination between NLU's and Non NLU's is a ridiculous recommendation

Was

November 28, 2011 - 8:39pm

The Rationality for such changes may be impossible in near future to implement. The distinction between National Law Schools and other colleges is quite valid. The level of efficiency for the National Law School students is evidently much better than other law colleges. There is a valid reason why they get better placements and perform much better .While one may argue that it is not, but the thing to note that it exists none the less.

shrishti (law s...

November 29, 2011 - 8:31pm

ITS THE BAST STEP BUTRather then discriminating a student on the basis of nlus and non-nlus its better to select student on the basis of his/her overall achievements as a topper of central or state university would be far better and brighter than a weak student of any nlu. moreover there are only nearly 1200 seats in the nlus and every student is not lucky enough to acquire one of them but that simply does'nt mean that he/she have to tolerate such type of discrimination after completing there studies also.

Adv. Garvit Chauhan

December 1, 2011 - 7:10am

though the recommendations with regard to the age of judges is good, but why and how can they discriminate between the NLU and non NLU, its just not accepted. and I agree with Shrishti every body can not get to NLU with restrictions on seat and number of aspirants now Law has got.