Supreme Court comes out with revised scheme for engaging law clerk-cum-research associates on short-term contractual assignments

There are quite a few noticeable changes brought in by the new scheme.

—

THE Chief Justice of India (CJI) has revised the scheme/guidelines for the engagement of law clerk-cum-research associates at the Supreme Court of India, on a short-term contractual assignment. Significantly, the word 'assistants' has been dropped from the job title, and has been substituted by 'associates'.

There are quite a few noticeable changes brought in by the new scheme. For the first time, the scheme envisages that the court will formulate and implement a diversity and inclusion policy in appointments. Relevant data would be collected from the candidates in this regard.

A law clerk will now be paid a consolidated remuneration of ₹80,000 per month against the existing ₹65,000 per month. If a law clerk is given an extension after twelve months of the initial assignment, then a consolidated remuneration of ₹90,000 per month will be paid for the extended assignment term and there will be no other allowances/prerequisites.

The maximum age for being eligible to be considered for a law clerk has been increased from 27 years to 30 years. The minimum age remains 20 years.

The remaining eligibility criteria such as the candidate being a law graduate with a bachelor's degree in law (including an integrated degree course in law) from any school/college/university/institute established by law in India and recognised by the Bar Council of India, remain the same.

In addition, candidates studying in the fifth year of the five-year integrated law course or the third year of the three-year law course after graduation in any stream will also be eligible to apply, subject to furnishing proof of acquiring law qualification before taking up the assignment as law clerk.

The new scheme explicitly states that the period during which a law clerk is attached to a judge's office or in the registry shall be counted for the purpose of the eligibility requirement for the advocates-on-record examination. It clarifies that the current scheme does not bar any law clerk to get enrolled as an advocate during their assignment at the Supreme Court. However, the scheme makes it clear that a law clerk will not accept any other assignment during their assignment term as a law clerk.

"They shall not practise as an advocate in any court of law during the course of their assignment term as law clerks. A law clerk shall not appear for a period of two years before the judge with whom he was attached as a law clerk," the scheme says.

It says that the CJI or a Supreme Court judge shall be entitled to have the services of four law clerks, out of which the first two shall be mandatorily through the selection process of the registry. The CJI or judge shall be free to engage all four law clerks through the selection process of the registry.

The earlier scheme provided that the CJI and each judge were entitled to avail of the services of a maximum of four law clerks, of whom at least the first was to necessarily be from the approved panel of registry appointments and, if any judge so desires, the other three could be candidates of choice subject to the condition that the candidates otherwise fulfil the minimum qualification requirements/conditions.

The new scheme has also brought changes in the pattern of the appointment examination. A subjective written examination has also been included now, in addition to multiple choice-based questions (MCQs).

• The selection process will be conducted in three phases: Part I: MCQs, testing the candidates' ability to understand and apply the law, and comprehension skills; Part II: a subjective written examination, covering writing and analytical skills; Part III: an interview by individual judges.
• Part I and Part II will be conducted on the same day in two sessions at the following centres across India: Bengaluru, Bhopal, Bhubaneswar, Chandigarh, Chennai, Dehradun, Delhi, Gandhinagar, Guwahati, Hyderabad, Imphal, Jodhpur, Kolkata, Lucknow, Mumbai, Nagpur, Patna, Pune, Raipur, Ranchi, Srinagar, Thiruvananthapuram and Visakhapatnam. A break of two hours shall be provided to candidates between the conducting of Parts I and II
• Part I will be conducted by optical mark recognition (OMR) sheets or in online/hybrid mode at the test centers, as may be specified by the chief justice from time to time. Part II shall also be conducted in physical mode/pen-paper mode/online/hybrid mode.

The scheme clarifies that the number of test centers may be increased or decreased, subject to the number of applications received and as per directions of the CJI or the Committee of Judges on Law Clerks. Besides, necessary arrangements will be made at the test centers for candidates with special needs or with disabilities, as per the Rights of Persons with Disabilities Act, 2016, and the applicable guidelines of the Union government.

The candidates who could not clear the interview stage of the selection process may be, based on their willingness, put in the reserve pool of qualified candidates as per the rank list and the requirement of the registry. Such candidates in the reserve pool may be engaged in the registry to assist in various court processes as per requirement through a contract of assignment. Also, the law clerks in the reserve pool may be engaged at a judge's office as and when required.

Candidates who are not engaged at a judge's office or are not put in the reserve pool of qualified candidates will be assigned to a waitlist in the sequence of their combined score, the scheme states.