District Judge without law degree;
N.K.Assumi
(Querist) 15 September 2008
This query is : Resolved
Name the State where District judge are manned by officer without law degree, who are competent to try both civil and criminal cases as District Session and District Judge.
Manish Singh
(Expert) 15 September 2008
sir,
is it possible in india?
N.K.Assumi
(Querist) 15 September 2008
Its so sad that you people re still ignorant about this Great State where such systems exist. Its something like lawyers paradise.Any one can become judicial officer whether you are BA graduate or undergraduate.Degree is not important.The only qualification is that you should be an officer whether as Engineer,doctor etc.
SANJAY DIXIT
(Expert) 16 September 2008
DEar Assumi,
If you know about the concerning state, then pls. tell it to us.
I still can't understand, whether you are asking a querry; or you are examining the expert members's knowledge.
[just joking. pls don't mind. you are one of the the most active member of this site.[
N.K.Assumi
(Querist) 16 September 2008
Dear Sanjay,
Its no joke, I put it to highlight the plight of this system, as we are really tired and exhausted after long struggle with various State leaders over this issues.you can just imagine how a proceeding from such court will be like.As for me I have even approached the Bar Council of India in New Delhi, but the Nagaland State Government is not willing to seperate the Judiciary from the Executive.
The present position is that, seperation of judiciary from the executive is in name only, as the traditional act namely Rules for the Administration of Justice and police act of 1937 which has its roots in 16th century old law is still in the statue book, which gives power to the government to conferr Judicial power to any of the Officer In the State. The said act of 1937 prevails during the British Rule appplicable over the entire North East state, but some have done away with the act, but we are still adhering to this act and there lies the mother of all evils in the Judiciary. How will you feel if you are to argue before such Officer. For instance in a proceedings for Succession act certificate and guardianship certificate the proceedings is solemn one, but orders in such proceedings are passed in a ready made format, like a School certificate. Such are the problems in Nagaland and we have wasted all our precious time struggling with the problems rather than practicing.Its really patrhetic for us.
We have even lost the strength to stand and protest.
Manish Singh
(Expert) 16 September 2008
Dear Sir,
its really stunning to hear that such affairs are not challenged or bothered upon in India. Its really pathetic.
the appropiate remedy shall be the HC of Assam or the SC. ITS AGAINST OUR CONSTITUTION and I am sure the SC will give appropiate oredrs in the said matter and ask the state to formukate new rukes and reguakltions. You should not lose ur hope and trength, we are all with you.
SANJAY DIXIT
(Expert) 21 September 2008
Really surprised !!!
Dear Assumi,
Now we can understand and imagine the problems of the our lawyers brothers in the state.
As Manish said, you should not lose your strength to stand and protest.
LCI members are with you.
Best Wishes...
Gulshan Tanwar
(Expert) 27 December 2010
Even there are many other things which I have imbibed in my book, the different state monopolies in the administration of justice. which I will shortly bring to the members of LCI
