https://t.co/Cpi6FHndN0
I had posted this few months ago.
I strongly hold the opinion that litigation experience has very little benefit, but a huge disadvantage.
Sitting at home and studying with sharp focus is the only way to crack the judicial services.
Preparation for Judiciary is like being a jack-of-all-trades. And in litigation, you have to become master of one.
Because you spend days, weeks, and months focusing on one small component or aspect of one particular law which you have to perfect for your arguments before the judge.
But if you spend your most important years after graduation in figuring out the court system, the litigation process, and honing advocacy skills, you can be sure that you will not be able to compete with those people who sat at home and spent three years after graduation studying for judicial services.
Prof Mustafa with a sensible stand on this entire situation. Raises excellent points. Should have been called as an amicus. The present one wasn't up to the task that is for sure.
https://t.co/GcYzdyBTLs
My take on the recent SC judgment on mandatory three years practice:
1. I can speak from experience that young, idealistic and extremely talented youth aspire to be adjudicators. Telling them to park the aspiration for 3 years and enter practice instead may hurt this aspiration more than it helps their ability to adjudicate.
2. It may not be accurate to equate young judges with fresh law graduates. We are missing that they undergo extensive training before actually assuming charge which is long and extensive. Also, the process of exam takes at least one and a half years to three years. Also, they get to sit with sitting judges right from magistrates to the high court.
3. I can say from experience, this year-long process is not only thorough but life-changing. We may always have conversations about ways in which the training may be improved, and the judicial academies are already working in that direction.
4. n any case, I don't think a 3-year experience at the bar makes a huge difference to a young judge’s ability to adjudicate. Law is a marathon not a sprint. It takes a decade to find one's feet in the Bar. 3 years may not have any added tangible effect on the overall suitability of the candidate.
5. Often, especially in litigation, youngsters struggle for a few years and not everyone is able to find a good senior/chambers to work-in. Some more than others. Further, the profession itself is not a panacea, let alone a solution towards improving the services or the quality of judges.
6. We must remember that the profession is saturated, unstructured and places a huge primer of privilege of various kinds – social, gender, geographical, and financial. In the absence of a level playing field, not all who want to be judges may have an equal or unbridled path into the Bar.
7.. The opportunities at the Bar are not enough, equal or perfect substitutes for a career in the judiciary.
8. I believe catching them young, training them in the life of a judge has certain benefits, especially with our mounting arrears and the new technocratic mindset needed. We must remember that young judges’ jurisdiction is constrained is important to be noted.
9. The ‘too young to judge’ argument also discounts the fact that a 24 year old surgeon can perform a life-threatening surgery. A 24 year old IAS and IPS officer routinely takes decisions that alter people’s lives, often irrevocably and often without the guard-rails of judicial appeals and limited jurisdiction. The age argument could be made there too.
10. Also, spending 4-5 years at that Bar (which is inevitable, given the fact that exam process itself takes time and 3 years is the minimum requirement), may make the entry level judicial services unattractive as a career option for young graduates. Someone with a 7 year experience at the Bar is unlikely to want to start off at the entry-level. They would then probably go towards the district judgeship.
The idea should be to catch them young, train them as adjudicators and progressively build skills suited for greater responsibility. 3 years at the Bar would not build adjudication skills acquired over the course of early judgeship years. Also, the conversation that we should be having instead is :
A. Are we attracting the best talent there is or are we losing that out to law firms, corporate firms and top law chambers;
B. Are we retaining the best talent, and training them the best way we can.
20th Day OF MY #CLIMATEFAST
3000 people fasting with me. But still not a word from the government.
Very unusual for a democracy... when 90% of the population have come out to remind the leaders of their promises and 100s have been on fast some for 20 days.
But we're very impressed by the public support nationwide... making up for the compromised mainstream media.
#SaveLadakh #SaveHimalayas #SaveGlaciers #6thSchedule @JimCameron@GretaThunberg@LeoDiCaprio@350@UNFCCC@UN@UNEP
Sonam Wangchuk is on his 18th Day of Fast
None of the Modi Govt Ministers have even said a word about him. For the record, Congress Govt agreed to Anna Hazare’s demands after 12th Day of his Fast.
BEGINNING OF DAY 12 OF #CLIMATEFAST
300 people sleeping outdoors under clear skies. Temperature: - 10 °C
Today is big day... thousands of people wl join for a 1 day #ClimateFast here & in different Indian cities.
Do please join such events by 'Friends Of Ladakh Friends of Nature' in your city today.
To join & to learn about place and time in your city click this link: https://t.co/einfck9pPS
And please join a twitter storm tonight between 7 to 8 pm. You can post pics n videos of today's activities.
Please use #SaveLadakh .
Please tag @narendramodi@AmitShah@rashtrapatibhvn
Indian government was too quick to accept an aeroplane full of oxygen concentrators from Khalsa Aid during second wave of Covid however now their account is suspended for raising voice for farmers @khalsaaid_india@X@GlobalAffairs how is this fair ?
CM @BhagwantMann it's becoming evident by the minute that you have failed to protect your own. In fact you seem to just let this happen.
Is this really our own country? @narendramodi and @mlkhattar has turned it into a war zone with ambulances full with brutally wounded young men. Your "warning" to Haryana govt was clearly an eyewash because it hasn't worked at all.
#FarmersProtest
We condemn the brutal killing of our brother at Khanauri border.
Ours have to put their lives on line to ask for bare minimum.
Yours are studying in the ivy leagues.
#FarmersProtest2024#stop_killing_our_boys
Farmer Gyan Singh, is martyred at shambhu border. He was experiencing trouble breathing because of the continuous tear gas shells fired at them. He was later admitted to a hospital in Patiala. He was 63 years old and belonged to Gurdaspur district in Punjab.
#FarmerProtest2024
Farmer Gyan Singh, is martyred at shambhu border. He was experiencing trouble breathing because of the continuous tear gas shells fired at them. He was later admitted to a hospital in Patiala. He was 63 years old and belonged to Gurdaspur district in Punjab.
#FarmerProtest2024
@ru_mansh@prabhakarp59754@thind_kanwar Dhrm ka paaln kreinge toh ye situation hi nhi ayga
Sab dhrm achi baat sikhaate hain.
Ye hm kyu discuss kr rhe hain Ruchi, girl who did this to you?