Syllabus and Scheme For Law Clerk in SC
REVISED SCHEME FOR ENGAGING LAW CLERK-CUM-RESEARCH
ASSISTANTS ON SHORT TERM CONTRACTUAL ASSIGNMENT IN THE
SUPREME COURT OF INDIA
Hon’ble the Chief Justice of India has approved the following revised
scheme/guidelines with respect to engagement of law Clerk-cum-Research
Assistants on short term contractual assignment:-
1. Title: The guidelines provided herein after shall be called as “Revised
Scheme for engaging Law Clerk-cum-Research Assistants in the Supreme
Court of India”.
2. Definitions: Unless there is anything repugnant in the subject or context:(i)
‘Approved panel’ means panel of suitable candidates formed on the
basis of recommendations of the Committee of Hon’ble Judges and approved
by Hon’ble the Chief Justice of India.
(ii) ‘Assignment session’ means the period from re-opening of the Court
after Summer Vacation till the closure of the Court for Summer Vacation of
the Court for next year.
(iii) ‘Chief Justice’ means Hon’ble the Chief Justice of India.
(iv) ‘Judge’ means Hon’ble Judge of the Supreme Court of India.
(v) flaw Clerk’ means Law Clerk-cum-Research Assistant.
(vi) ‘Schedule’ means schedule given at the end of these guidelines.
(vii) ‘Schools/Colleges/Universities/lnstitutions’ shall mean the Law
Schools/Law Colleges/Law Universities and all such Institutions established
by law in India and recognized by the Bar Council of India for enrolment as an
Advocate.
(viii) ‘Website’ means official website of the Supreme Court of India as may
be uploaded from time to time (at present: http://www.sci.nic.in/).
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3. Term and nature of engagement:
(i) Law Clerks shall be engaged on purely short-term contractual basis
initially for the duration of the assignment session which is liable to be
extended further for such period as may be considered appropriate subject to
his/her performance being found to the satisfaction of the Hon’ble Judge with
whom he/she is attached. The contractual assignment shall not confer upon
the Law Clerk any right/claim for regular appointment or continuance in
service beyond the initial period of engagement in the Supreme Court of
India.
(ii) Premature discharge of the assignment given to the Law Clerks
without any notice shall be lawful.
(iii) A Law Clerk intending to leave assignment at premature stage shall be
required to give prior notice in writing at least one month in advance through
the Assistant Registrar-cum-Private Secretary of the Hon’ble Judge.
4. Entitlement for the services of Law Clerks:
Hon’ble the Chief Justice and each Hon’ble Judge shall be entitled to have
services of a maximum of two Law Clerks, of whom atleast the first Law Clerk
shall necessarily be from the approved panel and, if any Hon’ble Judge so
desires, the other Law Clerk can be engaged as a candidate of choice subject
to the condition that the candidate otherwise fulfills the minimum qualification
requirements/co nditions.
5. Assessment of Requirement of Law Clerks:
Before inviting applications, the number of Law Clerk-cum-Research
Assistants required for the next assignment session will be ascertained from
the Hon’ble Judges through the concerned Assistant Registrar-cum-Private
Secretaries. Besides, depending upon requirement, upto a maximum of six
Law Clerks may be kept in the reserve pool for meeting any emergent
requirement.
6. Essential Qualifications:
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(i) The candidate must be a law graduate (as on the date of appearing at
interview) having a Bachelor Degree in Law (including Integrated
Degree Course in Law) from any School/College/University/lnstitute
established by law in India and recognized by the Bar Council of India
for enrolment as an Advocate.
(ii) Candidate studying in the fifth year of the Five-Year Integrated Law
Course will also be eligible to apply subject to furnishing proof of
acquiring Law qualification at the time of interview/before taking up the
assignment as Law Clerk-cum-Research Assistant.
(iii) The candidate must have knowledge of computer including retrieval of
desired information from various search engines/processes such as
Manupatra, SCC Online, LexisNexis, Westlaw etc.
7. Age and Nationality:
(i) A candidate must not be below the age of 18 years and above 27
years as on the last date of receipt of applications.
(ii) He must be a citizen of India.
8. Disqualification:
(i) A candidate must not be a practicing advocate nor engaged/appointed
elsewhere on honorarium/payment basis.
(ii) A candidate should not have been involved in any criminal case,
whether convicted or against whom criminal trial is pending. A declaration in
this behalf shall be made by the candidate.
9. Character:
The candidate must have absolute integrity, honesty and good moral
character, for which he/she will submit. certificate of two responsible persons
at the time of interview.
10. Constitution of Committee:
A Committee of Hon’ble Judges shall be constituted for taking interview of
shortlisted candidates and to assess their suitability on the basis of academic
record, extra curricular achievements and performance in personal interview.
11. Process and Method of Selection:
(i) Selection process for engaging Law Clerks shall be initiated by
notifying requirement and inviting applications online from willing and eligible
candidates by way of publishing an advertisement.
(ii) In the month of January every year, the Registry will invite applications
which are required to be submitted online with scanned signature and
photograph. Applicants studying fifth year of the five-year integrated law
course will have to submit attested copies of their grade-sheet/marks
card/transcripts until the end of the fourth year.
(iii) Application/test fee of Rs.200/- and bank charges, as applicable, shall
be charged per candidate for submitting online applications and payment
shall be made online.
(iv) Applications received along with the ApplicationfTest fee on or before
the last date for receipt of applications and found to be in order in all respects
shall be considered eligible for selection and only such applications will be
processed further.
(v) Since large number of applications are expected to be received from
eligible candidates all over the country, method of Screening shall be followed
for filtering the candidates and, for the said purpose, a National Level Written
Examination shall be conducted at four major cities across the country, i.e.
Delhi, Mumbai, Bengaluru and Kolkata, at Test Centres to be notified from
time to time. The duration of the Written Test will be of three hours. The
Question Paper for the Test will contain 150 questions with multiple choice
answers. Each question shall carry 1 mark. There shall be negative marking
and 0.25 marks shall be deducted for each incorrect answer. Minimum
qualifying marks for the said Written Test has been prescribed as 60% in
aggregate with minimum 500/0marks for each of the two Sections. The
Question Paper for the Written Test shall have the following components:-
Section ..1
Questions relating to General English .. 50 marks
and General Aptitude/Awareness
Section-II
Question relating to Indian Constitution, – 100 Marks
Indian Penal Code, Criminal Procedure Code,
Civil Procedure Code and Indian Evidence Act etc.
Personal Interview
A Committee of Hon’ble Judges constituted by Hon’ble the Chief
Justice will interview the eligible candidates. The Interview will carry 30
marks with 15 marks being minimum qualifying marks. In addition to being a
General Interview, the candiates will also be asked questions relating to Law.
(vi) Depending upon the requirement of the Law Clerk-cum-Research
Assistants during the next assignment session, students will be called meritwise
for interview by a Committee of Hon’ble Judges. The number of
candidates called for interview will not exceed three times the number of Law
Clerk-cum-Research Assistants required. The interview will be held in the
month of May/June every year in the Supreme Court premises at New Delhi.
The students called for interview will be paid onward and return journey fare
of Third A.C. by rail for the shortest route on production of valid tickets.
(vii) On the basis of the marks secured by the candidates in the Written
Test and Interview, a merit list shall be drawn wherefrom the Committee of
Hon’ble Judges will recommend sufficient candidates, in order of merit, to be
kept on the panel of Law Clerk-cum-Research Asssitants for assignment
during the next assignment session.
(viii) After receipt of the recommendations of the Committee, Hon’ble the
Chief Justice will approve formation of a panel as per requirement for the
assignment session and order for attachment of one or two Law Clerk(s) to
each of the Hon’ble Judges including the Chief Justice himself, according to
seniority, as may be required by Their Lordships. The formal order in this
regard shall, however, be issued by the Registrar (Admn.I).
(ix) If any Hon’ble Judge is not satisfied with the Law Clerk-cum-Research
Assistant so attached with His Lordship, his/her candidature will be cancelled,
provided the Hon’ble Judge within one month of appointment of the said Law
Clerk conveys His Lordship’s unwillingness to continue with the Law Clerk
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assigned to His Lordship and the Hon’ble Judge will be given a choice of
selecting a suitable incumbent from amongst the candidates left on the panel,
but without interviewing with him/her.
(x) If any candidate on the panel either expresses his/her unwillingness to
take up the assignment or even after giving his/her willingness does not turn
up to take up the assignment on the appointed date and time without any
intimation, his/her candidature will be cancelled, without any notice to him/her
and no correspondence in this regard will be entertained.
13. Consolidated stipend:
A fixed consolidated stipend of Rs.30,OOO/- per month without any dearness
or other allowance/perquisites shall be paid to the Law Clerk.
14. Attendance and Leave:
(i) The Law Clerk shall be granted such leave of absence as may be
approved by the Hon’ble Judge with whom he/she is attached, subject to a
maximum of fraction of 8 days per year, vis-a-vis his/her period of
assignment.
(ii) The Hon’ble Judge with whom the Law Clerk is attached shall be the
Competent Authority to sanction his leave.
(iii) No stipend shall be paid for unauthorized absence as also for days
exceeding permissible leave.
(iv) The Assistant Registrar-cum-Private Secretary to the Hon’ble Judge to
whom such Law Clerk is attached shall maintain proper account of the
attendance and leave of absence of the Law Clerk and will send its intimation
on last working day of each calendar month to Registrar (Admn.l) for record.
15. Duties of Law Clerks:
The duties and responsibilites of a Law Clerk will include:(i)
Preparing brief summary of fresh admission matter;
(ii) Preparing synopsis of regular hearing matters;
(iii) Sitting in the Court during hearing of regular matters and noting down
all the arguments;
(iv) Carrying out research work for assisting the Hon’ble Judge in
preparation of draft judgments;
(v) To assist the Hon’ble Judge to prepare speeches and academic
papers; and
(vi) To perform any other work as directed by the Hon’ble Judge.
16. Duty Hours:
It is full time job and Law Clerk may be required to attend Residential Office
of concerned Hon’ble Judge in addition to normal duty during office hours.
He may be required to attend Office/Residential Office even on gazetted/local
holidays. However, the time schedule for the duty hours shall be fixed by the
Hon’ble Judge concerned.
17. Conduct during and after term of assignment:
(i) The Law Clerk shall maintain devotion to duty and a high standard of
moral during the term of assignment. The Law Clerk shall also maintain a
high standard of reputation and integrity commensurate with the
responsibilities entrusted to him/her. He/She shall maintain utmost secrecy in
respect of matters which come to his/her notice by virtue of the assignment
and shall ensure that no information, document or any other thing is leaked
out because of mishandling of papers or his/her deliberations with other, or in
any manner. He/She will not disclose any fact which comes to his/her
knowledge on account of such official attachment even after completion of
term of assignment unless such disclosure is legally required in discharge of
lawful duties.
(ii) The Law Clerk will be governed by the provisions of the Indian Penal
Code and the Indian Official Secrets Act, 1923 as applicable to any public
servant.
(iii) The Law Clerk will not accept any other assignment during term of
assignment as Law Clerk. He/She shall not practice as an Advocate in any
Court of Law during the course of assignment as Law Clerk.
(iv) The Law Clerk shall not practice in the Supreme Court of India for a
period of one year after the relinquishment of assignment. He/She.shall also
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not at any time practice or appear before the Hon’ble Judge with whom
he/she has been attached as Law Clerk.
(v) He/She will not leave headquarter without seeking permission from the
Hon’ble Judge concerned.
(vi) He/She will not avail leave without getting it sanctioned, in advance. In
any case of emergency, he/she will immediately contact and convey the
Assistant Registrar-cum-Private Secretary to the Hon’ble Judge concerned of
his/her inability to attend office.
(vii) He shall maintain punctuality in attending to his duties.
18. Undertaking:
Before taking over assignment, Law Clerk shall submit an undertaking, in the
format as may be prescribed in Schedule-I from time to time, before Registrar
(Admn.I).
19. Certificate:
(i) On successful completion of term of assignment, a Certificate will be
issued by the Registrar (Admn.I), in form as is prescribed in Schedule-II.
(ii) If the assignment is terminated before completion of original term due
to pre-mature discharge by the Supreme Court of India or due to voluntarily
giving up assignment by person concerned, no such Certificate shall be given
unless the Hon’ble Judge with whom he/she was attached directs otherwise.
20. Publication of the Scheme:
(i) The Scheme shall be uploaded on website and intimation of uploading
may be given to the Registrars of Schools/Colleges/Universities/lnstitutions.
(ii) Hon’ble the Chief Justice may direct publishing of this Scheme in any
other additional manner also.
UNDERTAKING
Schedule -I
I, , do hereby undertake
and accept the following terms and conditions of my assignment as
Law Clerk-cum-Research Assistant:
a) I have been engaged purely on contractual basis and no claim as an
employee of the Court shall be made by me.
b) My period of assignment can be terminated without any notice. I shall
not give up my assignment as Law Clerk-cum-Research Assistant
before completion of my term of assignment. If I give up the
assignment before completing my term, I shall not be entitled to any
experience certificate.
c) I shall render duty at the Court/Chambers/Residential Office of
Hon’ble the Chief Justice of India/Hon’ble Judge according to the
convenience of His Lordship and the duty hours shall be such as
prescribed by the concerned Hon’ble Judge. I shall be punctual
in attending to my duties.
d) I shall be granted such leave of absence as may be approved by
the Hon’ble Judge to whom I am attached, subject to a
maximum of fraction of 8 days per year, vis-a-vis my period of
assignment.
e) I shall not absent myself from duty without prior permission of
the Hon’ble Judge. In case of absence due to sudden illness or
some other unforeseen circumstances beyond control, I shall
give intimation thereof at the Residential Office of Hon’ble Judge
without delay. I understand that no stipend will be paid for any
unauthorized absence from duty as also for days exceeding
permissible leave.
f) I shall maintain a high standard of reputation and, integrity
commensurate with the responsibilities entrusted to me. I shall
maintain utmost secrecy in respect of matters which come to my
notice by virtue of the assignment and shall ensure that no
information, document or any other thing is leaked out because
of mishandling of papers or my deliberations with others, or in
any manner.
g) At all times i.e. even after the completion of the assignment, I
shall maintain complete secrecy regarding the work assigned to
me by the Hon’ble Judge.
h) I understand that I shall be governed by the provisions of the
Indian Penal Code and the Indian Official Secrets Act, 1923 as
applicable to any public servant.
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i) I shall not practice as an Advocate in any Court of Law during
the course of assignment as Law Clerk-cum-Research Assistant.
j) I shall not practice in the Supreme Court for a period of one year
after the relinquishment of assignment. I shall also not at any
time practice or appear before the Hon’ble Judge with whom I
have been attached as Law Clerk-cum-Research Assistant.
In addition, I do hereby affirm that I have carefully read the
REVISED SCHEME FOR ENGAGING LAW CLERK-CUM-RESEARCH
ASSISTANTS ON SHORT-TERM CONTRACTUAL ASSIGNMENT IN
THE SUPREME COURT OF INDIA and have fully understood the
provisions contained therein. I understand and do undertake that I am
bound by the provisions contained in the above-said Scheme and that I
will abide by the provisions contained in it during the course of my
assignment as Law Clerk-cum-Research Assistant as also after end of
the said assignment.
Signature _
Name
All communications should
be addressed to the
Registrar, Supreme Court by
designation, NOT by name.
PIN – 110 201
Schedule – II
SUPREME COURT
INDIA
NEW DELHI
No.F.21(LC)/(year) -SCA(I)
Dated .
CERTIFICATE
Certified that Mr./Ms was granted
short term contractual assignment as Law Clerk-cumResearch
Assistant in the Supreme Court of India with
effect from till on a fixed monthly
stipend of Rs.30,OOO/-.
Registrar (Admn.I)
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