SC makes departure from rules on law clerks

Supreme court today revised the discriminatory scheme on engagement of law clerks by opening doors to all law graduates from any college or university registered under Bar Council of India, which was so far restricted only to National Law University graduates.
The departure from the previous rule comes in the wake of a Delhi High Court's verdict holding it as "unconstitutional".
The new revised rule posted on the apex court's website said the candidate will have to go through written test in four major metros, apart from interviews and other criteria.
"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 enrollment as an Advocate," it said.

The apex court registry in the High Court had taken a stand that the professional engagement of a person qualified in law could not be equated with the appointment in a civil post, as there was no relationship of employee and employer between the respondent (SC) and the law researcher in this case.
"Nature of law researcher who is qualified in law vis-a-vis the respondent herein being in the nature of personal engagement and an avocations, the said process of engagement is not open to judicial scrutiny," the apex court registry had said in an affidavit.