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ABCAUS Excel for Chartered Accountants

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The scheme has been framed to maintain a panel of Law Clerk-Cum-Research Assistants (Law Clerk). The panel shall be made on the basis of recommendations of the Committee of Hon'ble Judges and approved by Hon'ble the Chief Justice of India. These law clerks shall be engaged on contractual basis for the assignment session (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).

The important provisions of revised scheme/guidelines related to engagement of Law Clerks on short term contractual assignment are as under:

Term of Engagement:
Law Clerks shall be engaged on purely short-term contractual basis initially for the duration of the assignment session which can be extended further subject to his/her performance being found satisfactory. However, the contractual assignment does not give the Law Clerk any right/claim for regular appointment or continuance in service beyond the initial period of engagement. The assignment given to the Law Clerk can be discharged prematurely without any notice. However, A Law Clerk is required to give a prior notice of at least one month for leaving assignment at premature stage.

Entitlement for the Services of Law Clerks:
Hon'ble the Chief Justice and each Hon'ble Judge are entitled to have services of maximum two Law Clerks and first Law Clerk shall be from the approved panel and 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/conditions.

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.

Essential Qualifications:
(i) Law graduate (as on the date of appearing at interview) and recognized by the Bar Council of India.
(ii) Those studying in the fifth year of the Five-Year Integrated Law Course are also eligible.

(iii) Knowledge of computer including retrieval of desired information from various search engines/processes such as Manupatra, SCC Online, LexisNexis, Westlaw etc.

Age and Nationality:
(i) Age must not be below 18 years and above 27 years as on the last date of receipt of applications.
(ii) Must be a citizen of India.

Disqualification:
(i) Must not be a practicing advocate or engaged/appointed elsewhere on honorarium/payment basis.
(ii) Should not have been involved in any criminal case, whether convicted or not.

Constitution of Committee:
A Committee of Judges shall take interview of shortlisted candidates and assess their suitability on the basis of academic record, extra curricular achievements and performance in personal interview.

Process and Method of Selection:
(i) In January every year, the Registry will invite applications to be applied online.
(ii) Application/test fee of Rs.200/-  to be paid online.
(iii) For screening purpose, a National Level Written Examination shall be conducted at four major cities, i.e. Delhi, Mumbai, Bengaluru and Kolkata. The Question Paper will contain 150 questions with multiple choice answers. Each question shall carry 1 mark with negative marking of 0.25 marks for each incorrect answer. Minimum qualifying marks for the Test shall be 60% in aggregate with minimum 50marks 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 and General Aptitude/Awareness : 50 marks
Section-2 Question relating to Indian Constitution, Indian Penal Code, Criminal Procedure Code, Civil Procedure Code
               and Indian Evidence Act etc.: 100 Marks
(iv) The Interview will carry 30 marks with 15 marks being minimum qualifying marks.  
(v) Students will be called meritwise for interview and will not exceed three times of Law Clerks required. The interview will be held in the month of May/June every year in the Supreme Court premises .
(vi) On the basis of the marks in Written Test and Interview, a merit list shall be made and in order of merit, students shall be kept on the panel of Law Clerks
(vii) One or two Law Clerks shall be attached to each of the Judges including the Chief Justice according to the seniority.
(ix) If any Judge is not satisfied with the Law Clerk his/her candidature will be cancelled and the Hon'ble Judge will have a choice of selecting a suitable candidate from amongst those left on the panel.
(x) Unwillingness to take up the assignment or not turning up without any intimation, shall terminate the candidature of the Law Clerk.

Stipend:
A fixed consolidated stipend of Rs.30,000/- per month without any dearness or other allowance/perquisites shall be paid to the Law Clerk.

Attendance and Leave:
The Law Clerk shall be granted leave of absence as may be approved by the Judge, subject to a maximum of fraction of 8 days per year, vis-a-vis his/her period of assignment and no stipend shall be paid for unauthorized absence or days exceeding permissible leave. Record of leave shall be maintained by the Assistant Registrar-cum-Private Secretary to the Judge

Duties and Responsibilities of Law Clerks:
(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.

Duty Hours of Law CLerks:
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.

Conduct during and after term of assignment:
(i) The Law Clerk is required to devote to duty and maintain 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.
(ii) 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. 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.
(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 not at any time practice or appear before the Hon'ble Judge with whom he/she has been attached as Law Clerk.

Certificate:
(i) On successful completion of term of assignment, a Certificate will be issued by the Registrar and 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.

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Revised Scheme for Engaging Law Clerk-Cum-Research Assistants on Short Term Contractual Assignment in the Supreme Court of India | 05-02-2015|

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