New Delhi: A batch of 40 students is receiving exclusive training to become judges at the National Law University (NLU), Nagpur, in a first-of-its-kind course.
An honours programme in ‘Adjudication and Justicing’, the five-year course began in October last year and aims to provide intensive and exhaustive practical training to equip students with critical legal thinking for the post of entry-level judges in district courts.
Judges in the district judiciary are selected through tests conducted either by the state governments or the high courts, and the state governments have administrative control — barring transfers — over the subordinate judiciary.
At present, law graduates in India can apply for the post of civil judge and judicial magistrate right after completing their graduation without any experience of legal practice.
However, unlike L.L.B. — the undergraduate law degree — this course is tailored to train students to become judges, and they will learn to draft orders, judgments and learn effective court administration over ten semesters. Furthermore, a student who is unable to become a judge always has the option to pursue legal practice, like any other law graduate.
The course also entails regular internship programmes with agencies and institutions associated with the judiciary such as police agencies, legal aid services and human rights organisations, judicial clerkship and a six-month-long apprenticeship under the guardianship of high court justices and district judges.
Speaking to ThePrint, Justice R.C. Chauhan, former Bombay High Court judge and member of the university’s executive council, said the course has been structured to attract the best talent and improve the justice delivery system in trial courts.
“Trial courts are the first contact for a citizen in judicial hierarchy and poor quality of judging is a cause of concern. Also, several states have faced difficulties in filling up the vacancies in subordinate judiciary due to lack of talent. Students who graduate from this course will have the ability, skills and qualities required by a judge,” said Justice Chauhan.
The university’s vice-chancellor Vijender Kumar noted that such a course is a global first.
“There are master degree courses in judiciary in some countries. But this is the first undergraduate course,” he said. From the admission process to the course structure, the programme follows a unique pattern and is different from the regular law courses.
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Tough admission procedure, papers on justice & judicial ethics
The course subscribes to the norms laid down by the Bar Council of India (BCI), which is the apex regulator for legal education and profession in the country.
Students who clear the Common Law Admission Test (CLAT) — the entrance exam for those aspiring to pursue law — are eligible to join this course.
The admission process includes a tough three-tier selection procedure, including a psychometric test, group discussion and personal interview.
The selection process was aimed at ascertaining if the candidates possess specific qualities, such as expression and articulation, a sense of justice, decision-making ability, patience, ability to overcome bias among others, which are considered essential for holding judicial office.
Admission to the first batch was done under Bombay HC’s guidance and oversight of a committee comprising HC judges. More than 50 per cent of the students who joined the course are girls.
Justice Chauhan explained the course structure has been designed to impart a holistic training to students. “For example, in the first year they undertook activities aimed at identifying areas of personality in which the officer requires special efforts, like communication skills, socio-cultural prejudices etc,” he told ThePrint.
“Papers such as constitutional vision of justicing, theories of justice, criminology, victimology and theories of sentencing have been introduced to enhance their reasoning skills when it comes to appreciating evidence and analysing it for the purposes of writing the final verdict,” Chauhan said.
Students will also write papers on judicial ethics and professional relations, court management and case management, mental health and stress management, and civil as well as criminal justice administration.
Any fresh law graduate is eligible to take the test to join subordinate judiciary. However, students who have studied this course that focuses more on judiciary, would have an edge above those who pursue a regular law course, V-C Kumar said.
Ved Sharma, BCI member and co-chairman, lauded NLU Nagpur’s pioneering effort to train students who could be an asset to the judicial system.
“Usually, lawyers who qualify state judicial exams are made to undergo one-year rigorous training in state judicial academies before they join the services. But this exclusive training at the graduation level itself will definitely serve the institution for a better future,” he said.
Sharma hoped other NLUs will also initiate similar courses to ensure a level-playing field in the entrance tests for subordinate judiciary.
Sitting Supreme Court judge Justice B.R. Gavai, also the Chancellor of NLU Nagpur, is personally overseeing the implementation of the new course.
Former CJI Bobde backed judicial academy for entry-level judges
The idea to have a special course for those who wish to join the subordinate judiciary as entry-level judges was first introduced by former Chief Justice of India (CJI) S.A. Bobde, soon after he assumed office in 2019.
Justice Bobde had then requested the government to study the feasibility of setting up an academy, similar to the National Defence Academy (NDA) for the armed forces, where students can study law and then, on passing out, join the subordinate judiciary as entry-level judges.
Sources in the Supreme Court told ThePrint that Bobde had also set up a committee, which favoured having an exclusive academy for training students to become judges. However, the central government allegedly turned down the proposal for a separate academy.
Both Justices Bobde and Gavai hail from Nagpur and had started their legal practice with the Nagpur bench of the Bombay High Court.
(Edited by Rachel John)
This report has been updated to reflect that Justice R.C. Chauhan is a member of NLU Nagpur’s executive council, and not Justice R.S. Chauhan, as written earlier. The error is regretted.
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