The Madras High Court (MHC) has recently issued updated guidelines, effective October 7, 2024, regarding the appointment of Law Clerks and Research Law Assistants to assist the Hon’ble Judges of the court, including its Madurai Bench.
These (MHC) guidelines, framed under the powers vested by Article 229 of the Constitution of India, provide a comprehensive framework for the recruitment, appointment, duties, and terms of service of these assistants.
Madras High Court Madurai 2024
| Key Information | Details |
|---|---|
| Recruitment Name | Appointment of Law Clerks/Research Law Assistants |
| Recruitment Department | Madras High Court |
| Post Name | Law Clerk / Research Law Assistant |
| Number of Vacancies | Not specified (Based on the requirement of Hon’ble Judges) |
| Recruitment Type | Ad-hoc, temporary appointment |
| Salary Slab | Rs. 30,000 per month |
| Force Majeure Salary | 50% of the honorarium during special circumstances |
| Age Criteria | Not more than 30 years as of January 1 or July 1 |
| Educational Qualification | Law Graduate from a recognized university (approved by BCI) |
| Application Window | Based on official notification dates |
| Selection Stages | Application, Viva Voce (Interview), Final Approval |
| Posting Location | Madras High Court (Principal Seat) or Madurai Bench |
| Date of Exam | No written exam; Viva Voce interview required |
| Official Site | www.hcmadras.tn.gov.in |
MHC 2024 Scope and Applicability of Guidelines
The guidelines clarify that Law Clerks and Research Law Assistants serve in an ad-hoc capacity, and their primary function is to assist judges in both judicial and administrative work. These positions are crucial for supporting the judges in their everyday responsibilities, including legal research, drafting summaries of cases, preparing academic papers, and helping in administrative matters. It is important to note that the terms Law Clerk and Research Law Assistant are used interchangeably throughout the guidelines.
MHC Eligibility and Qualifications
The appointment process is strictly governed by specific eligibility criteria. Candidates applying for these positions must adhere to the following standards:
- Age Requirement: Applicants must not have attained the age of 30 years as of January 1 or July 1 preceding the application deadline.
- Educational Qualification: The applicant must be a law graduate, having completed their degree under recognized education systems (such as 10+2+3+3 or 10+2+5), from a university recognized by the Bar Council of India. The degree should enable the candidate to be admitted as an advocate or attorney.
- Academic Performance: Only candidates who have completed their entire course of study within the specified duration of the degree are eligible to apply.
- Recency of Graduation: To ensure the selection of candidates with up-to-date legal knowledge, the guidelines stipulate that only individuals who have graduated within the last five years from the date of notification are eligible.
- Ineligibility of Postgraduate Candidates: Those who are pursuing postgraduate degrees or any other courses that require compulsory attendance are disqualified from applying for these positions.
These criteria ensure that the selected candidates are fresh law graduates with strong academic backgrounds and recent exposure to legal education.
MHC Period of Assignment
Once appointed, Research Law Assistants will be engaged for an initial period of one year. There is a provision for extending this assignment by an additional year, but this extension depends entirely on the discretion of the Hon’ble Chief Justice or a committee nominated by them.
The guidelines also allow for the termination of the assignment at any point if the performance of the assistant is found unsatisfactory. Research Law Assistants are not considered regular employees of the court and hold the position solely on an ad-hoc basis.
The period of appointment is rigidly structured, and the guidelines do not entertain requests for extensions of time for joining the assignment. Failure to report within the designated period leads to automatic cancellation of the appointment.
MHC Law Clerks and Research Law Assistants Selection Process
The process of selecting Research Law Assistants is rigorous and merit-based. Candidates are chosen through a transparent selection process. A notification inviting applications is published by the Madras High Court, and candidates are required to submit their applications in the prescribed format.
Candidates will be called for a viva voce (oral interview) at Madras or Madurai, based on the location of the court they are applying to. The Hon’ble Judges may also recommend eligible candidates, and prominent law schools or universities may put forth names of their alumni.
The final selection is conducted by a committee appointed by the Chief Justice, and the approved list of candidates is based purely on merit. A key feature of the selection process is the preference given to candidates proficient in Tamil, both spoken and written, in case of a tie in rankings.
After selection, candidates are assigned to either the Principal Seat in Madras or the Madurai Bench.
Duties and Responsibilities
The role of a Research Law Assistant is comprehensive and diverse, encompassing both judicial and administrative support for the judges. The specific tasks include:
- Legal Research: Research Law Assistants are expected to conduct in-depth legal research on a wide variety of issues related to the cases heard by the court.
- Case Summaries: They prepare summaries for fresh admission matters and draft synopses for cases scheduled for regular hearings.
- Court Assistance: During court sessions, they assist by noting down the arguments presented, helping judges keep track of essential points during the proceedings.
- Academic and Administrative Work: Research Law Assistants also assist judges in drafting speeches, writing academic papers, and preparing headnotes for judgments. They may also be involved in administrative duties as directed by the judge.
Honorarium and Conditions of Service
A monthly honorarium of Rs. 30,000 is offered to each Research Law Assistant. This is a consolidated payment, with no additional allowances or perks. If a situation arises where assistants cannot physically attend their chambers or the court (for instance, during a pandemic or other force majeure events), they are entitled to only 50% of their honorarium for that period.
| Honorarium Details | Amount |
|---|---|
| Monthly Honorarium | Rs. 30,000 |
| Honorarium during Force Majeure | 50% of the regular amount |
Research Law Assistants are entitled to one day of casual leave per month, up to a maximum of 12 days per year. Any leave taken in excess of this will result in deductions from their honorarium on a pro-rata basis.
Law Clerks and Research Law Assistants Conduct and Confidentiality
The guidelines emphasize that Research Law Assistants must maintain the highest standards of integrity, professionalism, and secrecy during their term of service. They are bound by the Indian Penal Code (IPC) and the Indian Official Secrets Act, and any breach of confidentiality can result in legal consequences.
Additionally, during their tenure, assistants are prohibited from practicing law or engaging in any other employment. After completing their assignment, they are barred from practicing before the judge to whom they were assigned for a period of two years.
