Judiciary — Not just a regular job

Priya Anand

The notification for HP Judicial Service Examination is out and interviews for Haryana Judicial Services,too, will be held soon. For those of you with an inclination towards public service and/or the trappings of state authority, the judiciary can be a worthwhile option.

A career in the judiciary is a good option for law graduates. Not only is it a way to remain closely connected with the law throughout your professional life, but also one that offers the satisfaction of working for the good of society.

In India, there are two avenues how one can become a member of the judiciary. The first is to start a litigation practice and hope to get elevated to the Bench. The other option is to participate in the competitive process for the judicial services. There are several attractive features of these judicial services, including handsome perks and privileges.

Unlike administrators or police officers, judicial officers serve mostly in district headquarters. They enjoy zero political interference in their work coupled with time-bound promotions and fixed tenure.

JUDICIAL SERVICES EXAM

Judicial Services Exam, popularly known as the PCS (J) — Provincial Civil Service-Judicial Exam is entry-level tests for law graduates to become a member of the subordinate judiciary.

The judicial services have two entry levels. The first is for fresh graduates through an entrance exam conducted yearly by the respective State Public Service Commissions (Punjab, Haryana, UP, MP, Rajasthan etc.). The syllabus for these exams can be found on the website of the commissions. An entry through this avenue assures you of time-based promotions and a secured employment.

The second avenue through which you may join the judicial service is known as the Higher Judicial Service (HJS). This service is open for lawyers with a certain prescribed minimum years of litigating practice, usually seven.

Applicants have to appear for a competitive examination for entry to the HJS the syllabus for which is similar to the one for PCS.

The advantage with this option is that, if selected, the applicant gets posted as an additional district judge which significantly hastens promotion prospects.

These exams are conducted by respective state judicial department/ High Court to hire for subordinate judicial services.

These exams focus on analytical and legal aptitude skills of the candidate. Every year thousands of law graduates appear for these exams but only a handful of them manage to clear these.

ELIGIBILITY

To start a career in lower judiciary as a civil judge or judicial magistrate, a candidate should hold a degree in Law which must be recognised by the Bar Council of India. The minimum age limit is 21 years and the maximum age limit is 35 years. The upper and lower age may vary according to different state.

The scheme of mains

n Paper I - Civil Law 200 marks

n Paper II - Civil Law 200 marks

n Paper III - Criminal Law 200 marks

n Paper IV - English 150 marks

n Paper-V - Local language of state skills of Matric or its equivalent standard (reading, writing, spoken). For example, Punjabi in PPSC, Hindi in HPSC, HPPSC) 100 marks

n Paper VI - Viva-voce 150 marks

Personal Interview

This is the final stage. The viva-voce shall relate to the matters of general interest and is intended to test the candidates' alertness, intelligence and general outlook. It is conducted in English.

How to crack it in the first attempt

Consistency is the key: The first and the most important thing is to stay consistent and to make a plan for preparation which includes a well-planned timetable which must be followed with utmost sincerity.

Adopt different strategy for each stage: There should be a different approach for the preparation of each stage. For example, the candidate is required to have exhaustive knowledge of the provisions of various laws for the preliminary examination, whereas the main examination requires a selective study pattern based on the frequently asked questions, it can be done by solving previous year questions.

Go beyond the book: The candidate should read the latest and important judgments and what important observation/ verdict was made in the case. Apart from judgments, the candidate should also be aware of any changes in Law and Amendments.

Don’t ignore current affairs: Reading newspapers, law journals and reports presented by the Supreme Court and the High Courts will help in gaining legal general knowledge. Candidates can also take the help of recognised books and magazines for studying legal general knowledge.

Know your enemy: Solving the previous year’s question papers of different states will help in developing time-management skills and understanding the exam pattern.

Race against time: Last but not the least time management is an extremely essential ingredient to prepare for the examination. Judicial examination of every state has a different syllabus. It is very important to be aware of the syllabus of the state for which you are appearing. Once you are aware of the syllabus, you should prepare a timeline outlining the subject and areas to be covered alongwith the deadline for preparation, preparing notes, revision and re-revision. While preparing for the exam, time should be managed in such a manner that the candidate has enough time left for revision.

Command on language: To excel in the exam the candidate must have good command over not only English but the local language too. Believe it or not the real difference lies here only. Those who manage to extract more marks in language paper manage to make it to the final list.

Focus on personality: Though viva voce is the last hurdle in the exam, without a decent personality you will not be able to clear even the first stage. Many aspirants don’t pay much attention to personality test, however, it is the more crucial. Personality develops with time, it can't be nurtured overnight and all the happiness can go in vain if you stumble in the last leg of the exam. Don’t ever try to trick or play mind games with the interview panelists, you'll fail. Rather a candidate should exhibit traits such as proper judicial temperament, patience, open-mindedness, courtesy, courage, firmness, understanding, empathy, and common sense.

— The writer is an academician and Director, Astrea Juris Law Academy

Main Examination (Descriptive/subjective type)

• Having mastery over 10-11 major Acts can ensure success in the main examination and will surely boost the prospects of clearing the cut-off in prelims. These Acts can be broadly divided into three major categories
• First is Civil Law, which includes, Code of Civil Procedure, Indian Contract Act, Sales of Goods Act, Indian Partnership Act, Specific Relief Act, Transfer of Property Act, Hindu Law, Mohammedan Law, Law of Registration and Limitation.
• Second, Criminal Law, which includes Indian Penal Code, Criminal Procedure Code and Indian Evidence Act
• Third is miscellaneous, it includes Indian Partnership Act, Negotiable Instruments Act, Arbitration and Reconciliation Act and some state-specific local laws.

Test Pattern

• Important law subjects are common in all the judicial exams conducted by different states. However, each state may add certain more topics/subjects in their respective notifications such as in judicial services exam of the state of Himachal Pradesh, questions from HP Urban Rent Control Act, Himachal Pradesh Courts Act, 1976 are also asked. Hence one has to be well-versed with the local laws of the respective states.
• A general reading of all the subjects of law can prepare you for the preliminary examination, whereas for the Main examination one would need conceptual clarity as well as critical thinking. Aptitude tests are to assess the candidate’s logic and reasoning ability, so solving more question papers from previous years can help to build the confidence to attempt such questions.

Scheme of exam

• The judicial services exam consists of three stages: The first is preliminary exam, followed by mains and personality test.
• "Preliminary Examination (Objective type questions)
• It serves as a screening test for the mains. In prelims exam, a candidate’s knowledge in all major civil and criminal acts, along with current affairs, Indian legal and Constitutional history will be tested. The total numbers of questions are 125 and each question shall carry four marks and four options. For every wrong answer 1/5th marks from the correct questions shall be deducted. The marks scored in the preliminary examination, however, are not considered while preparing the final merit list.

Can a civil judge become judge in High Court or Supreme Court?

Yes of course. Recently, a husband-wife duo was elevated as judges of the Punjab and Haryana High Court. Both were Punjab Superior judicial service officers. To be appointed as a judge in High Court you have to serve judicial office for 10 years in the territory of India. Hence, yes one can get elevated to higher judiciary, including the Supreme Court provided you fulfill the eligibility criteria and have an impeccable service record.

Time line for HP Judicial services

Last date for receipt of online applications

January 5, 2020

Date of preliminary exam

March 5, 2020

Result

March 15, 2020

SAMPLE QUESTIONS

Preliminary: Choose the correct option

Q1. "What cannot be done directly cannot be done indirectly". The statement epitomises the doctrine of:

(a) Pith and Substance.

(b) Implied Powers.

(c) Ancillary Powers.

(d) Colourable Legislation.

Q2. A confession made by a person while in police custody is inadmissible under

(a) Section 25 of Indian

Evidence Act

(b) Section 26 of Indian

Evidence Act

(c) Section 27 of Indian Evidence Act

(d) Section 30 of Indian Evidence Act

Q3. "Musha" under Muslim law means:

(a) An undivided share in the property.

(b) Share in a joint property after partition.

(c) Compensation in lieu of share in the property.

(d) None of the above.

Mains: Q1. Explain briefly the following legal maxims:

(i) Acta exteriora indicant interiora secreta.

(ii) Cursus curiae est lex curiae.

(iii) Judex non potest injuriam sibi datam punire.

Q2. Discuss the ingredients that lead to the formation of contract under Indian Contract Act 1872.

Q3. Elaborate with relevant case laws the difference between culpable homicide and murder under Indian Penal Code.