NEW DELHI: The Delhi high court on Monday scrapped the current scheme of appointment of law clerks (researchers) in Supreme Court, calling it "arbitrary and unconstitutional".
Justice Rajiv Shakdher abolished the system of inducting law clerk-cum-research assistant(LCRA) to aid SC judges saying there are no criteria or benchmark to justify why a select few colleges must be given priority. The court took exception to the fact that only select colleges were being considered fit to send LCRA to SC. However, the court exempted the year 2013-14 since selection of law clerks for this period has already been completed.
"I have no hesitation in declaring that the scheme/ policy, as formulated, is unconstitutional. This is not to say that SC's registrar general cannot devise a scheme/policy. It is
undoubtedly empowered to design a policy which is fair and equitable, and that, which enables every aspirant to be considered for engagement as a LCRA," Justice Shakdher observed, while hearing the plea of a girl whose application for clerkship was not entertained by SC on the ground that her college is not empanelled with it.
The HC found it strange that the SC administration had categorised 12 national law schools/ universities at the top of the approved panel, followed by four law colleges in the stand-by-category and two in the 'other colleges' category.
He held the process unconstitutional as it "constitutes 100% reservation in favour of applicants belonging to empanelled Institutes". "I would imagine that the SC would want to induct the best and brightest minds and expose them to its workings and complexities, but while doing so, also keep room for those who are sociologically and economically deprived and educationally handicapped due to absence of requisite facilities," he said.
Justice Rajiv Shakdher abolished the system of inducting law clerk-cum-research assistant(LCRA) to aid SC judges saying there are no criteria or benchmark to justify why a select few colleges must be given priority. The court took exception to the fact that only select colleges were being considered fit to send LCRA to SC. However, the court exempted the year 2013-14 since selection of law clerks for this period has already been completed.
"I have no hesitation in declaring that the scheme/ policy, as formulated, is unconstitutional. This is not to say that SC's registrar general cannot devise a scheme/policy. It is
undoubtedly empowered to design a policy which is fair and equitable, and that, which enables every aspirant to be considered for engagement as a LCRA," Justice Shakdher observed, while hearing the plea of a girl whose application for clerkship was not entertained by SC on the ground that her college is not empanelled with it.
The HC found it strange that the SC administration had categorised 12 national law schools/ universities at the top of the approved panel, followed by four law colleges in the stand-by-category and two in the 'other colleges' category.
He held the process unconstitutional as it "constitutes 100% reservation in favour of applicants belonging to empanelled Institutes". "I would imagine that the SC would want to induct the best and brightest minds and expose them to its workings and complexities, but while doing so, also keep room for those who are sociologically and economically deprived and educationally handicapped due to absence of requisite facilities," he said.
Source;http://timesofindia.indiatimes.com/india/Delhi-high-court-scraps-process-of-appointment-of-law-clerks-in-Supreme-Court/articleshow/27491764.cms
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