A company divides its capital into small equal units of a finite number. Each unit is known as a share. In simple terms, a share is a percentage of ownership in a company or a financial asset. In a balance sheet, it is shown under the head of capital of the company. Investors who hold shares in any company are known as shareholders. A dual class share is when a single firm issues two different levels of shares with varying voting rights and dividend distributions. It entails one corporation providing at least two stock classes. A dual-class structure firm or stock has two or more classes of shares with differing voting rights. Insiders are typically given access to a class of shares with higher control and voting rights, whereas the general public is given access to a class of shares with limited or no voting rights. This article discusses the concept of dual-class shares in detail.
Types of shares
There are many types of shares, some of them are common shares (equity shares) and preference shares.
Equity shareholders have voting right and receive dividends according to the revenue the company earns (excludes the part retained by the company as a reserve from the profit/revenue). Whereas preference equity shareholders don’t usually have voting rights but have a preference in the payment of dividends. In case of dissolution of the company.
Preference shareholders will get a preference over equity shareholders. The value of a share a company issues depends on its face value, the company’s capital divided by the total number of shares. A firm’s authorised capital refers to the maximum amount of shares it has allowed to share and a firm paid-up share capital is the shares it issued to the public.
Equity shares can be issued to the person who wants voting power and ownership. This type of share is traded actively in the secondary or stock market. These shareholders also get voting rights in company meetings. They also get the right to take part in managerial functions. They are also entitled to get dividends for investing their money in the company. However, the dividend on these shares is not fixed and may vary yearly depending on the company’s profit.
One more type of share is Differential Voting Right (DVR) shares. The DVR shareholders have fewer voting rights compared to equity shareholders. To diminish the voting privileges, companies provide an extra dividend to these shareholders. As DVR shares have fewer voting rights, their prices are also low. Due to the price gap between equity shares and DVR shares, the interest between them got balanced.
Difference between share and stock
Some people think that there is no difference between stock and share and they can be used interchangeably. There is a thin line difference between stock and share.
Stock refers to the company that issues it. Stock represents an ownership interest in a company. A stockholder owns stock in a company which can mean different things, whereas, a share is a unit of measurement of your ownership/stock in a company. A share represents a specific unit of ownership of a stock. A shareholder owns shares of stock in a company. The stock is wider than the share. Share means share capital of one kind of stock but stock includes various kinds of stock in which a shareholder wants to invest.
For example, A owns stock @ 12% interest in Google on the other hand B purchased 12000 shares @ 12% interest in Google, but these 12000 shares don’t need to be from the same stock from which A has purchased the share, maybe such are from different stock in the same company.
Introduction of dual-class shares
Dual stock shares are also known as multi-class shares. Dual stock shares refer to a type of share structure in which public companies, that are registered with the company act, issue two classes of common shares to the public with different voting rights. Typically, one class of share has superior voting rights over the other. The shares with superior voting rights are usually held by the founders, family members, management team, and other insiders, while another class of shares is sold to public investors just for financial support.
Companies often use a dual class of shares to maintain control by insiders while raising capital/ finance from outside investors. It has been a subject of controversy, as it can result in insider control and lead to poor corporate governance.
For example- Company X has issued two classes of shares i.e., Class A and Class B. Class A shares are issued to public investors, and Class B shares were issued to its directors, employees, and founders for retaining control and voting rights.
Controversies of dual-class shares
The controversy surrounding dual-class shares stems from the fact that they can give disproportionate voting power to insiders and company founders at the expense of public investors. This can lead to a lack of accountability and oversight, as insiders who hold a dominant voting position may make decisions that do not represent the interests of all shareholders.
It leads to poor corporate governance. For good governance, the principles by OECD that a company should strictly adhere to are as follows:
The right of shareholders.
Equitable treatment of shareholders.
The role of stakeholders in corporate governance.
Disclosure and transparency.
The above principles are neglected by companies that issue dual-class shares. Those companies neglect equal distribution of rights but still, the risk is the same. All shareholders are not treated equally as some have even no say in managerial functions. They are just like a financial institution that provides money. There is no disclosure of information or data which helps these shareholders to analyse the position of the company.
The dual-class shares go against the principle of equal voting rights of all shareholders, violate corporate governance standards, and can lead to a lack of transparency and accountability. It was also argued that this structure can make it difficult for shareholders to influence management decisions and can make companies less attractive to potential investors.
On the other hand, proponents of dual-class shares argue that they allow company founders and insiders with substantial experience and knowledge about the company to retain control and make long-term decisions that benefit the company’s growth and development. They argue that this structure can save companies from involving short-term investors in management decisions and attract long-term investors who are willing to invest in companies with a clear vision and strong leadership. This will help the company grow and run smoothly.
Small group of shareholders controls the company’s whole management, and the majority have no say. A large group possessed a majority of capital but still, their voting power was less. Some claimed it is an unequal distribution of risk. On one side, Founders, Families, etc are getting the capital from the company at minimum economic risk on the other hand, shareholders still carry a major part of the risk.
Some of the real companies that issued dual-class shares are as follows:
Alphabet subsidiary Google (GOOGL v. GOOG)
When Google first went public in 2004, the company created two classes of common stock i.e., Class A (GOOG) and Class B(GOOGLE). Google sold shares of its Class A stock to the public whereas its co-founders Larry Page and Sergey Brin, along with other Google executives, retained Class B shares. Each share of Google’s Class B stock held 10 times the voting rights of each share of Class A stock. i.e., with every share of Class A, a shareholder got one voting right whereas a Class B shareholder got 10 voting rights against one Class B share. This share structure allowed Alphabet insiders to maintain majority voting rights even if they did not maintain majority ownership of the company.
Ford
The dual-class structure at Ford, for instance, gives the Ford family control of 40% of the voting power, while owning a small percentage of the company’s total equity. The founders and family members retained the class B shares and got a majority of managerial power.
Bill Ford Jr. Said:
“I think it’s really important that the family legacy continues. It gives us a face and maybe a humanity that a lot of other companies don’t have.”
“I’m in this for the long haul. This is my life and I love the company,” he said. “I really believe that we are headed for an incredible future.”
EchoStar Communications
The CEO of EchoStar Communications, Charlie Ergen, owned around 5% of the company’s stock, but his voting rights per share gave him around 90% of the voting power. He retained a major part of managerial power through only a small part of shares which represents very bad corporate governance.
Facebook
Facebook has a dual-class structure i.e., Class A shares and Class B shares. Those shareholders who have Class A stock get one share of one vote; On the other hand, Zuckerberg, executive management, and directors are Class B voters in which one share equals 10 votes. Zuckerberg himself owns 75% of Facebook’s Class B shares which gives him control of 58% of Facebook’s vote. The founders want to retain the whole controlling power as they do want this company to get close.
The Facebook CEO/Chairman debate has come into clear focus at the recent annual shareholders meeting where 68% of outside shareholders supported a proposal to make the role of Chairman an independent position after voicing concern and disapproval over how CEO and Chairman, Mark Zuckerberg, has handled various missteps including a security breach in September that impacted 30 million Facebook accounts. Additionally, 83% of outside investors voted to replace the current dual-class share structure with a “one share, one vote” system. This is one of the best examples of Bad Corporate Governance.
Berkshire Hathaway- Warren Buffett
Investors interested in buying into Warren Buffett’s Berkshire Hathaway have two options: Class A stock (BRK-A) and Class B stock (BRK-B). Berkshire Hathaway Class A closed at $454,400 per share, compared with $301 per share for the Class B stock. one Class A share might be accompanied by five voting rights, while one Class B share could have only one right to vote.
Analysis of trade on NYSE
Traded on the New York Stock Exchange (NYSE), only 1.7% of the issued common stock gave minority stakeholders complete voting control over the majority shareholders. This unequal treatment forced the NYSE to issue a ban on Dual Class Shares in 1926. Later, in 1940, the NYSE barred listed companies from issuing non-voting stock and prohibited superior voting stock from constituting more than 18.5% of all outstanding common shares. According to various sources, these effectively limited most multi-class NYSE listings.
In the early 1980s, NYSE faced growing competition from the American Stock Exchange (AMEX), which allowed Dual Class Shares with some conditions, such as allowing classes of stocks with no more than a 10:1 voting ratio between them, and especially the NASDAQ, which had no Dual Class Share restrictions.
Subsequently, in 1994, the NYSE, NASDAQ, and AMEX adopted similar policies that permitted their listed firms initially to issue multi-class shares but did not allow them to subsequently reduce the stock’s voting rights during recapitalizations. But, due to enhanced competition and the need for growth in the market, big companies started to convert their shares into dual-class shares. Small companies do not afford to take risks and lose their shareholders.
To encourage small companies, sunset provisions have been established which give a chance to companies to convert their shares from multi-class shares into single-class shares.
Sunset provision
Various companies with dual-class shares have “sunset” measures in their Article of Association which provides that “A company common shares will be being converted into a single voting share class in future” if the following anticipated events will happen which are as follows:
The directors who manage the company or any other person who takes managerial decisions will be permanently disabled or die, or a founder of the company will be permanently disabled or die or,
A person who manages the whole affairs of the company will get retired, and at the time of attainment of such retirement sunset provision will come into operation.
A fixed-time-based sunset, in which the conversion of multi-class stock to uniform voting shares occurs at a specified future date. Initially, Dual-class share is beneficial for a company after an IPO, over time dual-class share lose their value to the company because of their repercussions or disadvantages. Time-based sunsets range from three to 20 years, with 10 and then seven years reportedly being the most common.
The underlying rationale is that firms benefit from the presence of healthy and experienced founders, and they need privacy to take innovative decisions without any interference for the growth of the company and their ownership of superior voting stock will bolster that. They always want to protect the company for which they had spent half of their life. To encourage these promoters or founders these provisions exist.
Analysis and reports
Firstly, after a detailed analysis and study, it was found that the value of the firm declined after a certain period. Perhaps, at the time of IPO, they may enjoy the benefits of dual-class shares but in the long term, it has been seen that their value declined.
Secondly, it is not necessary that dual-class shares are always bad for corporate governance. We need more research on this before coming up with a solution. It is true that in the long-term firm value got declined but that is not applied to every industry. Industries based on innovation and technology may issue their share in a single class share structure as these industries need privacy and control over the information or formula it innovates.
Thirdly, balance needs to be maintained by the founders and directors. They should have given incentives to keep their shareholders happy. They should give extra profits to the shareholders and give them access to financial reports and related information which balance or maintain Corporate Governance in the company.
Fourthly, regulators or policymakers should observe the evidence in their markets and jurisdictions. They should see whether control in hand should be necessary, whether disclosure of information to all shareholders will harm the company, etc.
Lastly, if policymakers or regulators make a strict rule and impose a high-level burden of proof to sue corporate insiders (Founders, directors, etc.), it will be bad for the Corporate Governance of the company to allow the use of dual-class shares because in that case, it will become very hard to prevent the promoters and directors from manipulating the records whereas, if they do not impose a high burden of proof on the plaintiff, public investors will enjoy a greater level of protection because corporate insiders will be afraid of getting sued by the shareholders. Therefore, shareholders will get more incentives to avoid violating the law. Therefore, in countries with more friendly litigation rules, especially if these rules include the existence of class actions, there will be a lower risk associated with allowing the use of dual-class shares. It will be easy to expose a company. Therefore, regulators should be stricter about the possibility of allowing companies to go public with dual-class shares. If they are allowed, then rules and procedures should be convenient and liberal. There is a principal “doctrine of the corporate veil” which helps the company to expose the company and prevent the company from concealing or manipulating its records from shareholders with fewer voting rights.
Conclusion
In my opinion, companies should be allowed to issue dual-class shares provided balance should be maintained by following the principles of corporate governance. Additional incentives should be awarded to the classes of shareholders who have not been given voting rights. There is no unfair treatment with two classes of shareholders as during IPO it has been revealed by companies before issuing its share in public that it is issuing multiple class shares. Shareholders voluntarily purchased such shares after agreeing to all terms and conditions. Shareholders voluntarily carry a major part of the risk for higher profit. Investors should consider the effect of dual-class ownership on company growth, the procedural laws of such countries, and the incentives given for compromising their managerial rights.
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This article is written by Advocate Navya Prathipati and edited by Vanshika Kapoor (Senior Managing Editor, Blog iPleaders). This article will cover all the details regarding qualifications, eligibility criteria, application form process, vacancies, syllabus, stage-wise preparation, tips and tricks, books to refer to, and a ton of FAQs that every judiciary aspirant must know and have in mind while preparing for the Tripura Judicial Service examination.
It has been published by Rachit Garg.
Table of Contents
Introduction
Want to be a judicial officer and become part of the prestigious Judicial Service? If the answer is yes, firstly, congratulations on making such a major decision in the early years of your career. Nonetheless, are you concerned about what, how, and when of such a highly competitive exam and have apprehensions about the preparation process? Do not worry! You are in the right place. This article will clear all your doubts and necessary inquiries regarding the examination. All the aspirants of the Tripura Judicial Service exam can take complete advantage of the article to prepare for the exam.
Becoming a Judicial Officer or Judge is one of the conventional career options in the law field. It is an esteemed position that comes with equal amounts of power and responsibility. Reaching such positions requires a lot of dedication and determination. Owing to the fewer vacancies in the posts in contrast to the high competition involved, cracking Judicial Service exams can be considered challenging. However, with the right guidance and preparation strategy, there is nothing that cannot be achieved. With this motivation, let us begin. Come on! Let us deep dive into the Tripura Judicial Service exam and the preparation strategies with tips & tricks to successfully crack the exam.
A brief about the judicial posts recruitment
‘Smart work is the mantra of the modern era’, but only a few knew about the real meaning of smart work. It is nothing but doing things in the right way. Hence, every judiciary aspirant needs to understand the nitty-gritty of judicial structure along with the selection procedure of the judicial posts to which they aspire. This helps the candidate in approaching the exam in the best possible way and aids in the preparation process.
The judicial hierarchy is categorised under two broad heads: the higher and subordinate judiciary. As per legal theory, the High Courts of states and the Supreme Court are superior in India, and all other courts are considered subordinate. However, for the selection procedure, the equivalence of the terms slightly varies. The judges of the High Court and Supreme Court are appointed through the collegium system and hence excluded from the competitive exams zone. Within the remaining posts, judiciary recruitment is categorised as the higher judiciary and magistrate/junior civil judge exams for different levels of posts. The magistrate exams are conducted for the posts of civil judge (junior division) cum magistrate and higher judicial exams for the posts of district or additional district judges and equivalent posts such as registrars of High Court etc. Separate exams are conducted for each level with different eligibility criteria and qualifications.
Selections and recruitment are made in two modes: direct recruitment through merit and by transfer. In direct recruitment, the candidates are selected on a merit basis held through exams, whereas, by transfer, the judicial staff personnel or senior judicial officers (in case of higher judiciary recruitment) already working in the system are promoted to higher posts. Any fresh law graduate or a practising advocate before the prescribed age limit in the notifications (which is below 35-38 years of age for the majority of states, depending on the candidate’s category) can apply for a lower judiciary or magistrate examination. Few states require a minimum of three years of experience to appear for the magistrate exams. For higher judiciary examinations, a candidate should be above the age of 35 years with a minimum seven years of practice in addition to merit in the exam. These are the recruitments at different levels of the judiciary. In this article, the focus is only on the junior civil judge cum magistrate exams of Tripura State.
Now, some basic information on procedural aspects. The judiciary is independent and one of the significant pillars of the Indian governmental system. It is expected that the selection procedure be conducted transparently and purely on merit. Unlike exams like UPSC, which are held on an all-India basis, the law field being regional, especially at trial court levels, the selection for the judicial posts is held by each state independently. The respective High Courts of the state or state public service commissions are responsible for conducting the state judicial examinations. Though every state conducts its judicial exams, it does not restrict a candidate from applying to two or more states. The exam pattern is similar among all states, with variations in eligibility criteria, reservations, language paper, and difficulty levels. Candidates who want to appear for judicial exams in one or more states have to be accustomed to the local language of the state in addition to the fulfilment of eligibility criteria.
Overview of the Tripura judiciary exam
The Judicial Service in the state of Tripura are categorised under three grades of services namely Grade I, Grade II, and Grade III, based on the hierarchy. The examination held for the recruitment of junior civil judges (JCJ) is an entry-level exam, which is Grade III of the Tripura Judicial Service (TJS) or PCS(J). The examination can be conducted by the High Court of Tripura, the Tripura Public Service Commission (TPSC) or jointly by the High Court and the TPSC. Usually, the High Court of Tripura conducts the examinations. The official notification has to be checked to know the concerned authority responsible for conducting the exam for that particular year. The examination is conducted in three stages – prelims, mains and the interview. The notification contains all the necessary information regarding the examination. Hence, candidates need to go through the recruitment notification in detail. We will mention some of the essential aspects of the Tripura Grade-III recruitment notification that Tripura judiciary aspirants should be mindful of.
The eligibility criteria and basis or proportion of selection for all the grade officers vary from each other. The categorization of posts is presented below in tabular form for better understanding.
S.No
Service Grades
Category of the Posts
Grade I
Secretaries, Additional Secretaries & Principal Secretaries (Law), Legal Remembrancer (LR), Principal LR & Additional LRs, Additional Legislative Counsel, Registrar General and Registrars of High Court of Tripura, District & Sessions Judge , Additional District & Sessions Judge, Judge and Additional Judges of Family Court and deputation or leave reserve posts As per the recently amended rules of the Tripura Judicial Service, there are 35 posts under the Grade I cadre. 25% of the posts are filled on the basis of merit by direct recruitment and the remaining 65% + 10% by promotion from the Grade II cadre and through limited departmental competitive exams.
Grade II
Deputy Secretaries & D.L.C (Law), Deputy Registrar of the High Court of Tripura,Senior Civil Judges & Additional Civil Judges, Senior Sessions judges, Chief Judicial Magistrate & Additional Chief Judicial Magistrate ( Senior Division), Principal Counsellor of Family Court and deputation posts As per the recently amended rules of the Tripura Judicial Service, there are 36 posts under the Grade II cadre. All the posts are filled by promotion from the officers of Grade -III as selected by the High Court
Grade III
Junior Civil Judges, Judicial Magistrate, Sub- Divisional Judicial Magistrate, Registrar of District & Sessions Judge, Assistant Legislative Counsel & under secretary law and deputation posts. As per, the recent amended rules of Tripura Judicial Service, there are 49 posts under the Grade III cadre. All the posts are filled on the basis of the results of the competitive examination to be conducted by the commission or High Court (JCJ exams) and limited departmental competition
(Table 1: Category of Posts in Grade-I, II, III Tripura Judicial Service )
Governor in consultation with the High Court determines the strength of posts for each grade of judicial officers. Amendments are made to the Tripura Judicial Service Rules, 2003 to notify the changes in the number of posts assigned to each cadre. The appointing authority for all the grade officers is the Governor in consultation or recommendation with the High Court depending on the category of post.
Qualification and eligibility criteria to appear for the Tripura judiciary exam
A candidate needs to fulfil the following qualifications and eligibility criteria to appear for the Tripura Judicial Service examination.
Qualifications to appear for the Tripura Judicial Service exam
A candidate or applicant should be a citizen of India in accordance with Articles 5 and 6 of the Constitution.
Every applicant should hold a degree in law from a recognised university or any institution affiliated with any university recognised by the state or central government established by Law in India. No other special qualification or professional experience is required except a law degree.
A candidate should be an advocate as per the Advocates Act, 1961 and enrolled with any Bar Council of a state or Union Territory as of the date of notification.
A candidate should possess good moral character to be eligible for appointment as a judicial officer.
A candidate should be medically fit as certified by the state health department to discharge the duties of the post for which he is appointed.
Age criteria to be eligible for the Tripura judiciary exam
The Age limit prescribed for Tripura Grade-III posts recruitment is as follows:
For general candidates (Unreserved category), the candidate should not be above the age of 35 years as of the date of release of the notification.
For Scheduled Tribes and Schedule Castes (SCs and STs), the age relaxation of 3 years is granted as per provisions of the Tripura Scheduled Castes and Scheduled Tribes Act, 1992. Hence, a candidate under this category should not be above the age of 38 years as of the notification’s release date.
Age is a crucial eligibility criterion for which the verification process can be stringent. For proof of age, a birth certificate, 10th certificate or any other equivalent exam is generally shown or accepted. In some cases, government identity cards will be verified to determine eligibility.
Disqualifications for the Tripura judiciary exam
A candidate should not be dismissed from service by government, the High Court or any statutory authority and permanently barred or disqualified by the High Court or any State Public Service commission from appearing before any exam conducted by it.
A candidate is disqualified or ineligible to appear for the examination if he is convicted of any offence involving moral turpitude or if he, in any manner, directly or indirectly influences the recruiting authority for his candidature.
If a candidate is married, he should not have more than one spouse
Vacancies and pay scale of the Tripura judiciary exam
The vacancies are classified into different categories as per the reservations under the state enactments. Below is the tabular presentation of the comparison of TJS exam vacancies:
Vacancies and categories under the Tripura judiciary exam
Notifications are released inviting applications from eligible candidates based on the yearly available vacancies. The number of posts varies each year depending on the vacancies. The vacancies are categorized under different quotas as UR (Unreserved), Schedule Caste (SC) & Schedule Tribes (STs), and disability to promote equal participation and encourage diversity. Reservations are made available for the SC and ST candidates under the provisions of Tripura Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Service and Posts) Act, 1991 and rules 1992. Please find below the vacancies from previous years’ examinations.
S.No.
Year
Unreserved (UR)
Schedule Caste (SC)
Schedule Tribe (ST)
Total Vacancies
1.
2022
1
4
6
11
2.
2021
5
4
4
13
3.
2020
3
2
2
7
4.
2019
4
2
2
8
(Table 2: Vacancies in Grade III Tripura Judicial Service from years 2022,21,20&19)
In addition to the above categories, sometimes posts are reserved for PWD (Locomotor) horizontally or similar disabilities having the prescribed percentage as per the Rights of Persons with Disabilities Act, 2016. In this way, the seats are distributed among different categories of individuals within the available vacancies.
Under what category can a candidate from another state apply for the Tripura Judicial Service examination?
As mentioned above, the reservations available for persons belonging to SC and STs apply only to the individuals belonging to the state of Tripura i.e. a candidate from a different state cannot claim the reservation. The SC and ST candidates belonging to other states fall under the general category and could not claim any reservation in the application form.
A candidate should be informed about the vacancies under different categories while filling out the application form for the examination. In addition to it, it also helps in understanding the competitiveness of the examination and formulation of preparation strategies. To know more about the information on vacancies and reservations, click here.
Payscale of the Tripura judiciary exam
The latest unrevised payscale of the judicial officers of Tripura ranges between Rupees 27,700 – 44770/- per month plus allowances. However, it is to be noted that PayScale is subject to the amendments made to the pay scale provisions of the Tripura Judicial Service Rules, 2003. The allowances, pension, leave and other conditions of service are regulated corresponding to that of state civil servants.
Number of Attempts for the Tripura judiciary exam
The notification and Judicial Service rules of the state of Tripura did not prescribe the number of maximum attempts that an applicant has for the exam. The limitation is only concerning the age i.e. 35 and 38 years respectively. Hence, an aspirant can write/give an attempt to the exam any number of times before the age limit.
Exam pattern and syllabus for the Tripura judiciary exam
There are three stages in total to qualify for the exam. The stages and syllabus for each stage are as follows:
Preliminary Written examination (100 marks)
The first and foremost stage of the Tripura Grade-III Judicial Service exam is the preliminary exam, also known as the screening test. It is equivalent to the Prelims examination conducted in every other state. The paper is for a total of 100 marks containing multiple choice questions (objective type). Every question carries one mark. The examination duration is for two hours. There is no negative marking. The instructions to answer the paper will be given on the first page of the question booklet.
Syllabus
The topics that cover the prelims exam paper are as follows:
General Knowledge (G.K), Aptitude, English (40 marks)
Constitution of India
Code of Civil Procedure, Code of Criminal Procedure
Transfer of Property Act
Indian Contract Act
Indian Penal Code, Indian Evidence Act
Law of Torts and local laws of Tripura
G.K., aptitude, and English account for 40 marks, and the remaining law topics for 60 marks. No specific syllabus is mentioned in the notification. However, previous years’ question papers help to understand the question pattern for that particular segment. To know more about the preliminary examination syllabus, click here.
Qualifying marks for Tripura Judicial Service Preliminary examination
The preliminary stage is qualifying in nature, as the marks obtained in this stage will not be counted in the determination of the final merit list. The candidates of the general category need to obtain 60% or more, whereas the reserved category to obtain 50% or more to qualify for the preliminary examination to be eligible for the final written examination.
With strong basics, candidates can qualify for the exam. The Tripura judicial aspirants are at relief as there is no negative marking in the prelims examination conducted by the High Court of Tripura. In case exams are conducted by Tripura State Public Service Commission, the candidates need to recheck the marking criteria and examination scheme because there might be changes.
Final written examination
All candidates that score minimum qualifying marks as prescribed above in the prelims are eligible to write the final written examination (equivalent to mains). In the written examination, there are 4 papers containing 2 law papers, 2 papers for G.K and English along with 1 language paper (Bengali). It contains both objective and descriptive type subjects. Except for the English and Language paper which are completely descriptive, the other papers contain both objective-based questions (for 20 marks) and descriptive questions (60 marks). The time allotted for each paper is three hours.
Syllabus and subjects
S.No.
Subject Papers
Syllabus
General Knowledge (100 marks)
Objective Type and Aptitude Test (descriptive)
English (100 marks)
Essay writing, Precise writing, Grammar, etc.
Law Paper -I (100 marks)
Constitution of IndiaCode of Civil ProcedureTransfer of Property ActIndian Contract Act
Law Paper- II (100 marks)
Indian Penal Code Criminal Procedure Code Indian Evidence Act Law of Torts
Bengali (100 marks)
Translation of an English Passage into Bengali and Bengali into EnglishTranslation of a Bengali Passage into English Essay writing Report writing to the newspaper on social/specific problems to publish and draw the attention of the authority
(Table 3: Subjects papers of TJS grade-III mains exams and syllabus of each paper)
Qualifying marks for Tripura Judicial Service Written examination
The candidates of the general category need to obtain 60% or more, whereas the reserved category to obtain 50% or more to enter into the final stage (Viva voice which is equivalent to an interview). This is the crucial stage as the final list and ranks majorly depend on the marks of the written examination. So, in this stage, each mark counts.
Viva voce (100 marks)
Viva Voce is equivalent to the interview stage conducted for 100 marks. There is no specific syllabus prescribed for viva voce in the official notification. The main purpose of the interview is to test the personality of a candidate in addition to legal knowledge. Legal knowledge will already be covered when a candidate successfully cracks prelims and mains examinations. Candidates should focus on developing personality which is expected from a judicial officer. The communication skills and thinking ability of a candidate will also be tested by the interviewer. Newspaper reading and awareness of legal issues are essential for the interview stage. Hence, aspirants must be prepared from all perspectives as the questions are unpredictable.
Qualifying Marks for Viva Voce and Final Merit List for Tripura Judicial Service exam
The Viva Voce, which is equivalent to an interview, is the final stage of the exam. The candidates of the general category need to obtain 60% or more, whereas the reserved category to obtain 50% or more in the final written examination to be eligible for Viva Voce. No separate or special syllabus is prescribed for the viva voce. The qualifying mark for the interview is a minimum of 30% to be eligible for the appointment as a Grade-III officer. The qualifying marks for the interview are subject to amends to the Tripura Judicial Service Rules, 2003.
In this way, A candidate needs to qualify with minimum marks as prescribed, to succeed through each stage. Based on the cumulative marks obtained in the Final Written Examination and Viva Voce; the final list of candidates is prepared. The selection against vacancies is usually in the ratio of 1:10. More about each stage is explained further in the article.
How to apply for the Tripura judiciary exam
The application for the TJS exam should be made online through Online Application Portal Only. No hard copy applications are entertained. The reading instructions are provided on the Online Application Portal titled ‘How to Apply’. Applicants need to follow the instructions properly before applying. Some of the key steps that applicants should follow are given below:
Step 1: Open the Official website of the High Court of Tripura https://thc.nic.in where the Online Application portal for application is available.
Step 2: On the Home page, go to the recruitment tab option to apply.
Step 3: Fill in all the details in the application form for the TJS exam with the help of the reading instructions manual.
Step 4: Each application form is assigned a unique registration number and a fee must be paid against the form. After fee payment, click on the ‘submit’ button. Print a copy of the application form for your future reference.
Please Note: Avoid submitting multiple applications which might lead to unnecessary headaches. Complete the form with utmost dedication and appropriate knowledge about the application procedure. Be mindful of deadlines and extended deadlines, if any. Never neglect the dates, try to submit the form as soon as possible.
To clear some doubts about the application procedure, click here.
Application fees
The Application fee details are as follows:
Unreserved category: Rs. 500/-
Reserved categories (SC/ST/PWD): Rs.250/-
There is no refund option for the application fee and no adjustments can be made for any future events. The payment can be made through any online form such as Credit/Debit Cards, net banking, wallets, cash cards and UPI only with respective bank payments. No other payment methods are accepted except online.
Is there any application procedure for prelims qualified candidates
There is no special online application in addition to the initial form. All the candidates who qualify for the preliminary examination will be asked to produce the original certificates or mark sheets submitted with the application form. Scrutiny of the documents will be made to determine the candidate’s eligibility to appear for the final written examination. If all the criteria are satisfied, then the applicant is allowed to appear for the final written (mains) examination.
The government service employers appearing for the TJS exam need to produce or attach a ‘No Objection Certificate’ from their employer.
Preparation for the Tripura judiciary exam
Preparation is the crucial phase for any competitive exam, including the Judicial Service exam. Once an aspirant gets hold of the details and an overview of the exam, the preparation needs to begin. Serious and dedicated preparation for at least a period of 1 to 1.5 years would generally be sufficient to crack the exam successfully. However, it depends on the preparation strategy and practice adopted by the candidate. Though the preparation technique is common for all judicial exams, adopting a state-specific approach to prepare for the exam gives a candidate a competitive edge. Hence, having an in-depth knowledge of one’s state exam trends and analysis is advantageous.
When and how to start the preparation?
The straight answer to the question is the sooner, the better. As every aspirant’s journey timeline is unique, there cannot be an accurate best time to start preparation for the exam. If you are a law student and have an aim for the judiciary, the preparation can begin in the fourth year of study (in a 5-year course) or in the 2nd or final year (in a 3-year course). Law graduates and practising lawyers, once they decide to appear for the judicial exams, should immediately start the preparation. Do not wait until the last date or the exam notification to be surfaced, as competition is cut-throat. The earlier you begin, the sooner you reach your destination. Every candidate needs to be determined and dedicated throughout the preparation journey.
Concerning the state of Tripura, usually, recruitment takes place once every two years, or whenever there is a vacancy and a notice gets notified in the first half of the year. The target has to be set ahead, say, before a year and a half, to start preparing for the exam. Usually, the prelims take place within two months from the date of notification i.e. in September. Again, within two months, around November, the written examination takes place. Followed by an interview and final selections. Hence, the entire exam cycle spans around a year. By the time notification gets notified on the website, candidates should aim for at least one full-pledged preparation. The months before each stage have to be dedicated to revision and practice. As exams take place in mid half of the year, there is ample chance for law students to give an immediate attempt after graduation. Law students who aspire to become civil judges can start from the 4th year of study, focusing on current affairs, general knowledge, and basic concepts to save time and effort. For law graduates or practising advocates, in case you missed an application deadline for any year, do not wait until the next notification to start preparing for the exam. Begin the preparation and attempt for the forthcoming attempt.
Next comes the crucial question, how to start the preparation. Some common effective practices which candidates can adopt irrespective of their timelines of preparation are-
First, newspaper reading with a focus on legal issues. General knowledge, English, and legal updates can also be covered. One local language newspaper should also be added to the reading list to excel in the language proficiency test. Newspaper reading contributes to the preparation process in many ways. Hence, judiciary aspirants cannot give a miss to the newspaper reading. Inculcating the habit of newspaper paper every day during the preparation cycle in the long term helps for the interview stage as it contributes to personality development along with knowledge.
Second, making notes. Notes-making is useful for gathering all-important content and points related to a topic or concept and acts as a last-minute revision guide for the examination, especially for mains. Legal concepts, along with landmark judgments and the latest amendments or updates of law should be taken note of. A minimum of 8 to 9 hours of preparation every day is necessary. For practising advocates, a focused 3 to 4 hours is a must. These are two important tasks to begin with for the examination.
How to make notes
The significance of note-making cannot be emphasized more. In addition to the notes, making the notes in the right way is also crucial. Because at the end of the day, all the time and effort made in preparation should result in productivity. These days, due to the influence of digital platforms, every fresh aspirant is always excited to start preparing notes without actually knowing their real purpose and use. Few aspirants waste lots of time preparing notes. A few points on the notes made below:
Revision notes
Notes are prepared for various purposes. One such purpose is to make reading easy as we get closer to the exam dates or on the day of the exam. These can be called revision notes. Revision notes have to be as succinct as possible yet exhaustive. Do not start preparing notes on day one of preparation itself. Read the entire syllabus at least one time, go through the previous years’ questions, and model answers. After doing this, you will be able to ascertain the important content that can boost scores. By following the above, make simple, concept-based notes with important points, principles, and landmark case laws for each topic.
Value addition material notes
Another category of notes which we would like to suggest for the candidates is the notes for value additional material. In competitive exams like the judiciary, it is always necessary to outshine the others. Hence, to make your answers unique, collect content like analogies, case scenarios, law reports, and other material which can add value to the answer analytically and critically. The value addition notes along with revision notes should be enough for you on the day of the exam. Prepare your notes in such a way that you should be confident about the outcomes of your answer papers.
Stage-wise preparation strategies for the Tripura judiciary exam
Exam strategy for Preliminary examination
This is one of the simple yet essential stages of the examination. The questions in the preliminary examination are simple and straight. The two mantras that help to crack the prelims stage are bare Acts and the mock tests. The exam pattern is objective-based question papers. The basics of legal principles and conceptual clarity of legal topics are crucial. Hence, candidates should start reading the bare Acts of each subject mentioned under the syllabus. Do not forget to prepare for the local laws of Tripura. To get hold of the provisions and understand the concepts, reference must be made to the standard books or notes. When we say books, one must be careful when choosing and picking up the books. Reading different books on the same topic or subject might be a benefit for some and at the same time, it leads to confusion along with a waste of time. Hence, initially refer to one standard book for each subject. The standard book can be of any author, for example the one you read during your college days, which you already had some grip over, or which is convenient and easy to understand/read for you. But make sure the book covers all essential concepts comprehensively.
The G.K, Aptitude and English section can be tricky as no precise syllabus is mentioned for the topics. Yet, these are important as they constitute 40 marks. Previous year question papers are good sources for this section’s questions. Analyse the question patterns and topics covered. Newspapers are another good source for current affairs and G.K. For English, refer to a standard English dictionary and a good grammar book. For legal aptitude questions, continuous practice of mock questions is essential.
You can access newspaper analysis and Current affairs (from standard papers such as The Hindu and Indian Express) from Lawsikho’s Judiciary Prep Official YouTube channel at free of cost. Subscribe to the channel for new videos!
Exam strategy for Final Written examination (Mains)
Generally, the preparation for prelims and written examinations go hand-in-hand. The syllabus for both the preliminary and final written examinations is almost similar. However, the nature and depth of questions vary in each stage. The preparation for both stages has to go simultaneously with differences in approach. This stage is crucial and also tough to clear. Mains determine the listing of your name in final selections. A different strategy has to be adopted for each paper.
General Knowledge Paper
The paper is divided into two groups. Group-A contains objective questions, one-liner, and three-liner questions for 50 marks. The questions in these sections are completely current affairs based. Group B contains legal aptitude-based questions. Current affairs related to law, policy, sports, international relations, etc. are important sources for this paper. The group- B questions can be covered along with the law papers. Newspaper reading and regular revision of current affairs should be the main strategy for this paper.
English Paper
This paper is completely descriptive and one of the lengthiest papers among other papers. It contains essay writing, passage reading, precise writing, and grammar questions related to English grammar. The approach for this paper should be reading the basics of grammar with regular practice. Do not neglect the essay writing which is for 20 marks. Keep writing the essays once in two weeks. English can be seen as the easiest yet one small mistake in question scraps the entire marks of the question. Hence, we suggest regular grammar practice every day for at least 1 to 2 hours.
Law Paper-I
This paper contained the Constitution and the major civil enactments. It contains 4 subjects in total. Each subject shares 25 marks in the entire paper. Hence, equal importance has to be given to all the subjects. The subjects in this paper are foundations for civil and constitutional law in India. Group A contains objective-based questions and Group B contains 5-mark questions. The questions in both groups are simple and direct. Group C contains 8-mark questions which are analytical. Candidates can gain a competitive edge in these questions.
The use of the candidate’s analytical and critical skills comes into play. In addition to the provisions of law and judgments, these answers should contain perspectives that require critical analysis. Hence, focus on these types of questions for additional scores.
Law Paper II
This paper contained criminal laws and torts. Similar to Law Paper I, there are 4 subjects. Each subject contains 25 marks. The question format is similar to that of Law Paper-I with objective questions, 5-mark questions, and 8-mark questions. The strategy for this paper should be similar to that of Law Paper-I. The differences have to be made in the reading style for example the civil law provisions involve questions of interpretation, whereas in criminal law the ingredients of the offence and their proof are essential. In this way, the reading tips can be adopted to increase efficiency. Similarly, practising analytical questions is also important for this paper.
Bengali Paper
This is the language paper for the state of Tripura. Usually, there is a tendency among the aspirants that they tend to ignore the language considering that they are simple. The translations, essay writing, and social context questions in the paper require answers in grammatically correct local language. Along with local language newspaper reading, and grammar learning, candidates can also try giving 2 to 3 mocks of the Bengali language paper to test their comfort with the language. Candidates of different states appearing for Tripura Judicial Service need to focus on the language paper as well.
In this way, candidates can prepare for the written examination. As mentioned above, note making is a requirement for the main written examination.
Importance of Answer Writing for Final Written examination
As the title of the stage itself says ‘Written examination’, the papers are descriptive in nature, unlike in prelims. Answer writing practice is key for this stage. No matter how many hours you study and collect materials, without proper answer writing practice, all the efforts go in vain.
Because the main stage not only examines your knowledge but also your ability to convey things to the point in a short time i.e. meeting the demands of a question. Without appropriate practice, a candidate can not complete the paper completely in accordance with the demands of the question. Hence, answer-writing practice is a must.
When to start Answering Writing practice
Mastering the art of answer writing takes tons of dedication and hard work. Start answer writing practice as soon as the first read of the entire syllabus is complete. Topic-wise answer writing can also be practised. It helps to get a good grasp of the particular topic. Once topic-wise answer writing practice is complete, paper-wise answer writing should be started. The type of questions must be categorised as essay questions, factual-based questions, straight one or two-liner questions, 5 markers and 10 markers respectively. Especially for 10-mark questions, the more you practice the better answers a candidate can write in the final exam. The value addition material notes are useful for the 8-mark questions. Essay writing practice with proper vocabulary and grammar should be practised regularly.
During the answer writing practice, the three things that a candidate should be mindful of are time management, structure of the answer, and content. Quality content that fulfils the demands of the question bags good scores. Having said that, we would like to emphasize the importance of implementation. Despite the planning, the lack of proper implementation makes the entire process futile. Consistency is necessary throughout the process along with a strategic study plan. Keep writing until you attain the ability to write good-quality answers.
Before the mains examination, do not forget to give the full pledged mock tests in an exam-setting scenario for better practice. In order to navigate through your answer writing practice journey, we at Lawsikho designed a course for Tripura judiciary mains answer writing. The course guides on structuring the answers in accordance with the demand of the question. Both topic-wise and full-length mock tests are also available.
Exam strategy for viva voce
The final and most awaited stage for any candidate. By the time the interview stage is reached, few candidates lose their energy and interest. Hence, foremost candidates need to be engaged till the final level. There is no prescribed syllabus mentioned for an interview in the Tripura Judicial Service exam. Though some might feel happy about this fact, others might fear the unpredictability. To avoid the problem, the interview has to be taken from the right approach.
The main purpose of Viva Voce/Interviews is to test the personality and suitability of a candidate for a judicial position. Hence, imbibing and showcasing confidence, commitment, and ability is foremost. All these traits cannot be gained in one month or a day before the exam. Personality development should begin from the day of the beginning of preparation. Candidates can seek help or take guidance from experienced persons on performing before the interview board. Concerning the theoretical questions, the existing material used for other stages can be revised. Staying updated on current affairs and legal issues is very important.
Books list and materials for the Tripura judiciary exam
Materials and books are crucial for any competitive exam as they form a source of information. Hence, it is natural that aspirants have doubts about the books/ materials to refer to for the exams. Though the judiciary examination is held by states independently, the syllabus is mostly common among all states except language papers. States such as West Bengal, Madhya Pradesh etc have lengthy syllabus and optional papers. The subjects such as IPC and CrPC remain the same for all state judiciary exams; only the pattern of questions changes.
We suggest the aspirants read from the standard books. Among the different standard books available in the market, it is advisable to refer to the standard book which you have studied during your law course. As you have already read the book at least once, it helps to understand quickly and in revisions. The materials or notes which you have read during your law course would also be helpful. Having said that, some of the standard books which we would like to suggest for aspirants for law subjects are as follows:
Subjects
Standard books
Constitution of India
Indian Constitutional Law by M.P. Jain Constitution of India by A.K Jain (for quick revision)
Code of Civil Procedure
Mulla’s Code of Civil ProcedureCivil Procedure Code by C.K. Takwani
Code of Criminal Procedure
Sarkar’s Code of Criminal Procedure Criminal Procedure Code by Rantanlal & Dhirajlal
Transfer of Property Act
Mulla’s Transfer of Property Act
Indian Contract Act
Contract & specific relief act by Avtar Singh
The Indian Penal Code
Indian Penal Code by K.D Gaur
The Indian Evidence Act
Indian Evidence Act by Avtar Singh Indian Evidence Act by KD Gaur
Law of Torts
Law of Torts by R.K. Bangia
(Table 4: Subjects of TJS grade-III exams and list of standard books for each subject)
Please Note: The above list is only a suggested list, aspirants can customise the books list based on their preference.
State-specific judiciary books can be referred to for the purpose of prelims examination. Similarly, Bengali language books for judiciary exams can be referred to for Bengali papers. However, if you are a native speaker of Bengali, no books are necessary for language paper. The preparation strategy mentioned in the above sections can be followed. Once again, we would like to repeat that the books list is customizable based on candidates’ experiences. Do not blindly follow any toppers or institutions’ book list or materials.
Preparation tips and tricks for all three stages
Preparation of a timetable
A proper timetable must be prepared as per your schedule. The preparation time for each stage has to be allocated depending on the nature and toughness of the examination. As prelims are qualifying in nature with no negative marking (for Tripura state) once the bare Acts reading is done, only the last two or three months must be utilized to revise and practice for the prelims. The remaining months (8 to 9 months) have to be dedicated completely to the final written examination which ultimately determines your selection and ranks. Remember to prepare a realistic and practical timetable that aligns with your daily lifestyle for better efficiency. More time has to be allocated for law papers and the English language. Having said that, the candidate must divide time depending on his strengths and weaknesses to utilize the time effectively.
Setting daily, weekly and monthly targets
Subjects such as law are lengthy and subjective and do not have an end. Hence, setting targets for reading increases efficiency and saves time there by focusing only on relevant content. This process especially helps for main written exams. In-depth reading and analysis of legal topics are essential for writing descriptive answers succinctly for good scores. Hence, setting concept/subject-based targets is essential.
Syllabus and previous year’s question papers
Never underestimate the importance of understanding the syllabus and the demands of the examination. Previous year’s question papers help to understand the demand of the exam and the key topics of the syllabus. A thorough analysis of exam patterns and question patterns is necessary to get a fair understanding of the demands of the questions. Every day at least in the initial few months of your preparation allocate some time to analyzing the previous year’s question papers in conjunction with the syllabus. In addition to the question models, it also gives an idea to the candidates on the important topics.
Practice, practice, and practice
Answer Writing practice is as crucial as completing the syllabus to successfully crack the judiciary exam. All the descriptive questions in the written (mains) examination require crisp answers within the given time. Answering writing style should also vary for each type of question. For example, essay writing has a completely different structure unlike illustration or short note questions. Through practice, the structure for different types of questions should be learned. Hence, only through practice, the best answers can be written in the examination. After one reading or revision of the entire syllabus, candidates should start practising for the written examination. Try to give mock tests whenever possible. Evaluate the mistakes committed during mocks and try to overcome the same in the final exam.
Patience and determination
In addition to the preparation strategy and thorough reading, a candidate must possess patience. A candidate should be determined and stick to the study plan. Throughout the long journey of preparation, the candidate should be motivated and maintain patience. Discussions with seniors, friends, professors, or any learned person can be helpful for motivation and stay on the preparation track.
Final tips for ‘The Day’
Exams like Judiciary Service test the patience and determination of the candidates. Your performance in examinations which lasts for a few hours will determine the entire years of hard work.Hence, getting prepared for ‘THE DAY’ is equally important. Some small yet significant tips for ‘THE DAY’ are as follows:
Relax, Revise, and Concentrate – Do not overthink. No matter what you think, whatever happens will happen. Hence, revise the topics with a calm mind. Relax while giving the exams and concentrate on the questions.
Completing the question paper – Notwithstanding the quantity and quality of the answers, completing the question paper on time is crucial in mains. You should attempt all the mandatory questions by hook or crook. Do not leave the examination hall without completing the question paper (of course, without choice)
The interview is a personality test rather than a test of knowledge. Your presence of mind and thought process will be examined. So, do not memorise things and be you (as naturally as possible). Showcase the personality of the judicial officer in your and prove you are the right candidate.
Is coaching necessary
Last, but not least. The question which ponders the majority of the aspirants is regarding the requirement of coaching. Well, the answer would majorly depend on each candidate and more of a personal choice. Coaching provides you with guidance and content through videos or notes and feedback. It benefits the aspirant in terms of extra support and guidance. Having said that, relying completely on coaching institutes also does not guarantee the results. Ultimately, determination and perseverance have to come within you to crack the examination successfully. In fact, an aspirant should know how to utilise the coaching effectively for example: in terms of guidance, mock tests, and lecture classes, coaching benefits the aspirants.
However, we would leave this decision to the individual choice, which must be taken based on your circumstances. But we suggest aspirants at least to take guidance or mentorship before or during the start of their preparation for effective results and hassle-free preparation.
Life of a Judicial officer : perks and conditions
Cracking the Judicial Service exam is itself a milestone for a successful candidate. However, the responsibility begins only after the selection. The officers are paid a salary in the pay scale as prescribed in the notification. In addition to it, the residuary provision, leave and pension are applicable as per the State Public Service Commission rules. It is a responsible position that requires determination to serve society for a real purpose.
Training and Service Conditions of the Tripura Judicial Service Grade-III Judicial Officer
The officers selected for Grade -III Service need to undergo training in the judicial academy before posing. Salary will be paid during the training period in addition to the rent and food accommodations provided free of expense at the academy. Even after the posting, the officers are trained through refresher courses.
After training at the judicial academy, the candidate shall report to duty on the date specified in the appointment order. A candidate who fails to join the Service without reporting any sufficient reasons ceases to be eligible for the post, and the name is removed from the selected candidate’s list.
After posting, there will be probation for two years. Officers who have satisfactorily performed during the probation are confirmed in the Service. Increments can be withdrawn after completion of the probation.
As per Tripura Judicial Service rules, the selected candidate for the Grade -III exams under direct recruitment has to execute a bond with the state government to render services for 5 years. Any candidate who wants to voluntarily quit the Service within 5 years has to repay the entire expenses incurred (including salary) on the candidate’s training in the state judicial academy.
Once the candidate’s service is confirmed, as years pass based on seniority officers are promoted to further posts on the hierarchy.
During the service, the High Court of Tripura arranges a refresher course for judicial officers of all grades including Grade III for training and improvement in imparting duty.
Conclusion
To conclude, this is the information that a Judicial aspirant has to know about the Tripura Judicial Service exam. The Tripura Judicial Service exam aspirants can follow all the preparation tips and strategies for maximum efficiency. Always remember that power comes with responsibility. Hope the article is helpful. All the Best for your upcoming Judicial Service exam. In case of any doubts or queries, please feel free to reach out to us.
Frequently Asked Questions (FAQs)
Where to find the notifications for the Judicial Service exam?
The best way is to download the notifications directly from the official website of the respective authorities. You can find the notifications from the official website of the High Court of Tripura, Agartala, at https://thc.nic.in/ and/or the official website of the Tripura Public Service Commission if the exam is conducted by the Tripura PSC. During the recruitment period i.e. first half of a year from Jan to August in the state of Tripura, candidates should regularly keep checking the official websites for notifications.
How to apply and what essential things are to be looked into in the notification?
First, you should be knowing the local language of the state for which you seek to apply as there is a mandatory language paper. Next, check the eligibility and qualifications required. If the eligibility is satisfied then look into the vacancies, the deadline for submission of the application, the fee, etc. The exam dates of each stage should be taken note. Make sure the application form is submitted within the deadline with all prescribed formalities as mentioned in the notification. The notification itself contains the information regarding the application process (these days it’s usually online), so carefully read and apply for the same without any delay. In case of any doubts or queries, you can reach out to the concerned person mentioned in the notifications, or seniors/mentors or friends who have previous experience.
How can we know about the vacancies? Is there a way to know about the approximate vacancies that might be released in the upcoming examination?
What happens if reserved vacancies for certain categories of individuals are not filled?
If suitable candidates are not found for such reserved vacancies, then those vacancies will be filled by candidates not belonging to such category. The same rule applies to both unreserved and disability vacancies.
What happens if I submit more than one application form?
When multiple applications are submitted, the latest one would be considered by the authority. Any fee paid against one registration number will not be adjusted towards another registration number. The latest form with the required fee will be considered final.
How and where do Tripura Judicial Service exams are conducted?
Prelims and Mains examination will be conducted in an offline method within the state. The examination centres will be located within the State of Tripura. For interviews, candidates will be called to authorities’ offices such as the High Court of Tripura or the Tripura Public Service Commission building.
What is the syllabus of English, G.K and Aptitude in the Tripura Judicial Service Preliminary examination?
The questions under this category are basic and straight. Candidates should be strong on basic knowledge of these subjects. The syllabus for G.K, English and Aptitude is as follows:
General Knowledge: G.K related to topics such as history, geography, economics, political science, Indian culture, science and national & international current affairs related to the said topics.
English: Grammar rules relating to nouns, pronouns, verbs, adjectives, propositions, infinite, gerunds, phrases & idioms, spelling mistake detection, Mood & Voice, antonyms & synonyms degree, tenses and other related grammatical topics.
Aptitude: It contains numerical/ quantitative aptitude questions on topics such as time and distance, average, profit and loss, percentages, simple & compound interest etc and reasoning questions related to coding, decoding, relationships, similarities, differences, arithmetical reasoning, problem-solving and others. All basic-level questions related to aptitude and reasoning should be practised.
What should be the structure of the answer for mains/ written examination questions?
The standard structure followed for the final written (mains) examination is Introduction, Main body and Conclusion.
Introduction: The intro can be started by explaining about the provisions, factual data or through landmark judgment.
Main body: This is a significant part of the answer. Hence, it should reflect all the necessary details of the answer that meets the demands of the question. It should include concepts, relevant amendments and illustrations if necessary for conceptual clarity.
Conclusion: Gist of the answer with an effective conclusion adds value to the answer. The conclusion should reflect the creative thinking of the candidate in terms of suggestions etc.
Does the examination pattern and syllabus change every year?
From the beginning of Judicial Service all over the country, the exam pattern involved the same three stages. The examination pattern is not expected to change until and unless a major policy decision is taken. Similarly, the syllabus for law papers and language papers has been constant. Hence, do not predict the change of pattern and syllabus. For papers like General Knowledge, English, and Aptitude which are dynamic, candidates need to update every year. Having said that, always keep an eye on the judicial events and trends of your respective states.
What are the cut-off marks for the Tripura Judicial Service exam at each level and how merit lists are prepared?
There are no cut-off marks for the TJS exam, the candidates need to obtain minimum qualifying marks to reach the next level of examination. Subject to the minimum qualifying marks, for the mains examination around three times that of the available vacancies will be selected. For the final stage of viva voce, the candidates are selected in a 1:10 ratio. Last, based on the marks obtained by candidates in both final written examinations (mains) and interviews. The highest scorers will be listed subsequently. Hence, there are no cut-off marks for the Tripura Judicial Service exam.
Where can I get the previous year’s question papers of Tripura Judicial Service?
Look into the official website of the High Court of Tripura for the latest previous question papers. For previous question papers more than a year, go through the law libraries of respective states. These days it can also be found online through education platform websites or books/scanners that cover the previous year’s questions of the respective states.
How is the final list of candidates prepared and selected?
Based on the cumulative scores obtained by candidates in the final written examination and viva voce, a final list of candidates is prepared against the available vacancies. In addition to the final list, the High Court can prepare an additional list of candidates based on merits. Both lists are notified and cease to end within a year. The candidates from the additional list are appointed against any kind of vacancy that arises.
What is the duration of the Grade-III Tripura Judicial Service examination?
Grade-III Tripura Judicial Service examination duration is around a year in total. For example: If the notification gets released in the month of July, Prelims will be held within a month say in the month of September, and mains will be held within 2-3 months around November. Interviews within 3 months from Mains i.e.in March. The final merit list will be released immediately after the interview or maximum within a month or two.
How many numbers of attempts can a candidate appear for the exam and when is the right time to give up?
As there is no restriction on the number of attempts, a candidate can give any number. attempts. The vacancies are announced once every two years. If a candidate could not succeed in one attempt, he/she needs to wait for two more years. There is no requirement for giving up till the age limit prescribed. However, after 2 to 3 serious attempts, the candidate can plan for a backup and keep writing for the judicial exams.
What is the importance of mentorship or guidance?
For competitive exams like Judicial Service exam, guidance plays a crucial role. Though we do not say that self-preparation can give results, there are high chances that mistakes do occur often. Guidance or mentorship from experienced persons helps to navigate through the exams smoothly. It also motivates the candidate till the end of the examination preparation.
How to identify and prepare for important topics?
If you successfully want to crack the exam, never rely too completely on the important topics. All the materials that you get in the market are mere predictions. No one can exactly know the question papers of the forthcoming examination. For last-minute revision, topics from previous years’ question papers can be referred to.
What is the use of mock tests and how are they useful?
Yes, mock tests are very much necessary and useful. They set the candidate in exam mode along with time management. They also help to identify the mistakes made by the candidates which can be prevented from committing at the final examination. However, one should know the right way and method of giving mock tests. Mock tests should be given in an exam-like setting and only after the completion of at least one revision. Giving mock tests with incomplete studies is useless. While giving mock tests, choose quality over quantity. Quality mock tests are important.
Should the candidates selected for appointment in the Tripura Judicial Service exam furnish any documents/certificates?
Yes, the selected candidates for appointment need to furnish two certificates or references from respectable persons, either from the university or anyone who knew the candidate previously testifying the candidate’s character. The candidate will also be required to submit any certificate from the educational institution last attended by him.
Will all the selected candidates be appointed to the Service?
No, mere selection would not entitle a candidate for selection to the post. The selected candidates will be run through all the appointment eligibility conditions before the appointment/posting.
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When a person commits an offence, he is subjected to the various applicable laws. Subsequently, he is convicted and the trial commences. Resultant of the proceeds is the issuance of a sentence. Execution of such sentences implies that the court shall cause any order to be carried into effect by issuing a warrant or taking such other steps as may be necessary. In India, the execution of a death sentence is governed by various sections of the Indian Penal Code, 1860. Suspension of a sentence refers to a temporary postponement of a sentence, whereas remission means decreasing the period of the sentence without changing its character. Conversely, commutation implies substituting a more severe form of punishment with a less severe one. Unlike remission, a commutation changes the character of the punishment. Suspension, remission and commutation of sentences are governed by Article 72 and Article 161 of the Indian Constitution, whereas Code of Criminal Procedure, 1973 has a complete Chapter, Chapter XXXII dedicated to them. However, execution, suspension, remission, and commuting of sentences, depend on several variables, administrative and judicial powers combined, which are covered in more detail below.
Capital punishment
History
To say the least, capital punishment is as old as time. Death penalty was frequently used until the nineteenth century, even for minor offences. The importance of humanity and justice was only acknowledged when the world was divided into nation-states. In the Indian context, as per the original Code of Criminal Procedure of 1898, the execution was the norm for murder convicts. If the judges were to award life imprisonment for the same, they had to give specific reasons to do so, in writing. However, this requirement for a written reason was removed later by an amendment to the CrPC in 1995.
Henceforth, this amended position was enacted in the Code of Criminal Procedure, 1973 (CrPC). Life imprisonment became the norm and the death penalty was to be awarded only in exceptional cases and required ‘specific reasons’.
The rarest of the rare doctrine
Death penalty is a hotly debated topic over numerous legal spheres. This is because it evolves serious moral, legal, and ethical questions. Several human rights organisations contend that capital punishment is directly at odds with Article 21 of the Indian constitution, which guarantees the right to life to every citizen. The Article states that “no person shall, except and there the procedure prescribed by statute, be deprived of his life or personal freedom”.
Under IPC, a death sentence is provided for criminal penalties, namely criminal conspiracy, murder, the war against the government, mob-blowing, and killing dacoity including the war against the government. However, the Constitution has provided for mercy on the death penalty by the President of India.
In Bachan Singh v. State of Punjab (1980), Bachan Singh was tried and convicted, and sentenced to death under Section 302 of IPC, dealing with punishment of murder. A serious question of the constitutionality of capital punishment under Section 302 was raised therein, to which the court contended that capital punishment ought to be granted in the rarest of the rare cases.
Moreover, the Law Commission of India summed up in its 35th report to the Government of India in 1967 that “Having regard, however, to the conditions in India, to the variety of the social upbringing of its inhabitants, to the disparity in the level of morality and education in the country, to the vastness of its area, to diversity of its population and to the paramount need for maintaining law and order in the country at the present juncture, India cannot risk the experiment of abolition of capital punishment. Moreover capital punishment does act as a deterrent. Basically every human being dreads death.”
Execution of a death sentence
Execution of a death sentence is done in various ways in different countries including hanging, beheading, shooting, lethal injection, stoning, electrocution and gas inhalation, and Inert gas asphyxiation. In India, execution of a death sentence of either done through hanging(under IPC) or by shooting (under the Army Act, 1950)
Such execution may be carried out by passing an order either by the sessions court (while compulsorily obtaining the high court’s authorization) or by the high court itself, in the rarest of the rare cases- (Bachan Singh vs State Of Punjab (1980))
Exceptions to capital punishment in India include minors, pregnant women and intellectually disabled. These offences are punishable by death in India.
Suspension, remission and commutation of sentences
Origin
In the words of H M Seervai, “Judges must enforce the laws, whatever they are, and decide according to the best of their lights; but the laws are not always just and the lights noy always luminous.”
Article 72 and Article 161 of the Indian Constitution govern the suspension, remission, and commutation of sentences. The origin of the pardoning powers possessed by the head of the state in India stems from the colonial era in which the British crown was given a prerogative of mercy. The Government of India Act of 1935 gave the British crown the right to grant pardons, reprieve, respites, or remission of punishments. In the Indian context, the power to pardon is not a private act but rather is a part of our constitutional scheme. When justice gets lost in undue harshness or evident mistake in the operation of law, executive clemency affords the much-deserved relief.
Relevant provisions dealing with suspension, remission and commutation of sentences
Article 72 says that the president shall have the power to grant pardons, reprieves, respites remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. A similar kind of power is given to the Governor of a state under Article 161. The President, as opposed to the governor, can nevertheless, offer pardons even when the accused is given the death penalty. Another distinction is that, in contrast to the governor, the president may give mercy when the sentence has been passed down by a court martial.
While the governor offers pardons when the accused has broken a state law, the President only does so when the accused has broken a union law. In addition to these constitutional guarantees, Sections 432, 433, 433A, 434, and 435 of the Criminal Procedure Code, 1973, also include pardoning provisions. Section 54 and Section 55 of the IPC gives the competent authorities the authority to commute a death sentence or a life sentence in accordance with its provisions.
InMaru Ram vs. Union of India (1980), the court observed that political vendetta or party favouritism cannot but be interlopers in and will vitiate the exercise’, which is quite logical, considering that this executive power can easily be exploited to further political vendetta. Further, inKehar Singh vs.Union of India (1988), when the President declared to accept the mercy petition of Indira Gandhi’s assassin, Kehar Singh, the court rightly stepped in and said that Article 72 doesn’t fall outside the judicial domain and is well subjected to judicial review. But, to not overtake its judicial duties, the court emphasised that judicial review of the order of the president cannot solely be done on its own merits except within the strict limitation laid down in Maru Ram. What are these limitations, one may wonder? The court provided that the pardoning power can be subject to a review where an executive decision has been made on altogether irrational, arbitrary, unreasonable, or malafide grounds such as discrimination based on religion, caste, colour, or political loyalty.
Impact of capital punishment
Advocates of capital punishment defend it on the presumption that it sets a good example of justice in the society and further deters the commission of heinous crimes. Moral arguments include contentions that it is one such practice which sets the perfect balance between good and evil in society.
Society has a moral and legal obligation to protect the lives of its dwellers, and murderers, who threaten them are convicted by the means of capital punishment. We assume quite broadly that in certain circumstances, execution is the only way to guarantee that such individuals won’t commit atrocious acts again. Capital punishment supposedly saves society from premeditated murders.
But, there is no evidence to substantiate these claims. No evidence whatsoever exists to prove that capital punishment is a far superior deterrent to violent crimes than say a less severe alternative, like life imprisonment.
The pardoning powers
Execution, suspension, remission and commutation of sentences are no doubt an intricate part of the judicial scheme. They are crucial correctors of judicial errors and establish a humane approach to the system. They instil virtues like forgiveness and perseverance and promote the prisoners’ rehabilitation and betterment. However, certain cases like the release of Bilkis Bano convicts do question the righteousness of this power to pardon and here the power of judicial review comes into light.
Conclusion
While there exists no proof that the death penalty prevents the future commission of crimes, it however imposes a grave cost on the society. Locking criminals away achieves the same goal as the death penalty and does not even require taking another life. On the contrary to saving lives, the death penalty indeed cheapens the value of human life. Valuable human resources who could have been rehabilitated are lost to capital punishment. Moreover, juries make mistakes! Death penalty imposed on innocent people wipes away all hopes of undoing the injustice done to them. Therefore, as a society, we truly need to reflect on whether the death penalty is indeed our duty or our doom? Furthermore, power to pardon granted by the Indian legal system serves as a ray of hope for such death row convicts and thus sets a more just judicial system into practice. Thus, concluding in the words of Pathak, C.J., “in any civilised society, there can be no attributes more important than the life and personal liberty of its members” and the pardoning power of the President and the Governor is one such power which ensures the same. This power is thus an imperative and integral part of the Constitution and it is hoped that the repositories of the power exercise the same in a just and impartial manner and the judiciary continues to act as a watchdog in such cases.”
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Companies, while developing intellectual property, must take measures to prevent infringement of intellectual property and maintain confidentiality so that no other entity or person can get to know the details of such intellectual property and try to copy it. The confidentiality of IP helps in maintaining its uniqueness. Therefore, one must evaluate its importance and resort to Non-Disclosure Agreements to ensure that confidentiality is maintained.
Meaning of Intellectual Property Rights (IPR)
These are legal rights governing the use of the human mind. The recognition and protection of these rights are of recent origin. Patents, designs and trade marks are considered intellectual property. One of the main purposes of IPR is to exclude third parties from exploiting protected subject-matter without explicit authorization from the right holder for a certain duration of time. It helps with the creative and inventive activity of the orderly marketing of proprietary goods and services.
Meaning of confidentiality
Confidentiality refers to the practise by which one must protect the information or the essentials of a product or any other thing that makes it different from other products or things. To prevent any other person or entity from duplicating the uniqueness of a specific product that resulted from the addition of a special element, it is crucial to maintain confidentiality.
Ways to manage confidential information
Creating agreements, policies, records, and procedures to establish protection
Non-disclosure agreements and confidentiality agreements are two of the most important aspects of protecting confidential information. Courts consider it to be praiseworthy because it helps maintain confidentiality as evidence. Companies must also consider making policies so that they have an idea of how to protect the uniqueness of their IPR. To maintain confidentiality, companies can implement procedures like asking their employees to return confidential information when leaving the company or not letting third parties or employees have access to the full process, formula or other kinds of sensitive information.
Companies and individuals must have electronic access and physical control over the IPR
Physical and electronic security are very important for protecting intellectual property and courts are appreciating them. Companies and individuals who have intellectual properties must restrict system access so that competitors have no access to the secret formulas or confidential valuables that are added to the IP.
One must identify and assess steps to manage risks
It is impossible to make a case of theft of confidential information until and unless one has identified the information that must be considered confidential and upon whose theft there will be an infringement of intellectual property rights. Upon identification, one must also assess the risks pertaining to theft of confidential information, as in, in what ways or the level of damage it can cause the particular IP whose information has been leaked. Courts have considered companies putting reasonable efforts into managing confidential information when they have put particulars of the IP in a trade secret registry.
Training to employees and vendors
Training given to employees and vendors is essential so that they know how to handle confidential information. Several companies have won theft cases against former employees based on their corporate training procedures.
Create supply chain procedures and plans
Third parties, including vendors, suppliers, distributors and even customers, can have access to a company’s trade secrets for manufacturing, product development and various other purposes. As there is a potential source of misappropriation, it is vital to have regulatory processes that regulate confidentiality so as to protect it.
Make continuous improvements and updates
Efforts to maintain confidentiality with respect to IP must be monitored annually and they should be ongoing. Procedures to maintain consistency and assurance of compliance must be there. In ‘breach of confidential information cases’, courts have examined corrective actions as criteria to determine whether the company has taken reasonable steps to protect its confidentiality with respect to IP.
Company must delegate the management of confidential information to a team of employees
The company must delegate the responsibility of managing confidentiality to a team of people. Courts have not looked favourably on companies that do not have anyone in charge of the management of confidentiality. There must be a team with representation from those who can ensure that confidential information is protected.
Cyber threats, digitization of information and the change of employees from one company to another have become common these days, which leads to the leakage of confidential information related to IP, which is one of the most valuable things about a company. Companies must boost security and put systems in place to ensure the protection of confidential information. This helps companies mitigate risks and also looks into the fact that confidential information pertaining to IP is not compromised. If not done so, companies are at a huge risk of losing their revenue, reputation and competitiveness.
Role of Non-Disclosure Agreement (NDA)
Confidential policies must be introduced by companies and all employees must be given access to them via the intranet. The policies should place special emphasis on the situation when an employee leaves that particular company. That employee must be reminded of leave protocols on resignation to mitigate the theft of confidential information in relation to IP and they must be reinforced during exit. A company would always like to maintain a good reputation in the market but taking appropriate enforcement action with regard to managing confidential information, or rather, leakage of confidential information by employees or third parties, often finds the need to take action less over time as it develops a reputation for swift enforcement action.
Therefore, the need for Non-Disclosure Agreement is important. They should not be considered standard documents. Non-Disclosure Agreements must refer to the specific information being disclosed and the permitted use of that information. What might constitute confidential information must be used , going beyond merely a high level of information marked as confidential, to ensure the NDA gives the best possible scope of protection.
NDA’s are living documents. They should be monitored and adapted if necessary as the discussion progresses. Parties subject to NDA’s cannot misuse or leak confidential information. The disclosing party will have a contractual remedy in such circumstances, but the confidentiality of the information will never be re-captured. That might lead to the disclosure of the business to evaluate and change the business model to make the business more competitive.
Judicial precedents
Dr. Sudipta Banerjee vs. L.S. Davar and Company and Ors. (2022)
InDr. Sudipta Banerjee vs. L.S. Davar and Company and Ors. (2022), the Calcutta High Court gave its order dated April 5, 2022, wherein it passed an injunction order against the former employees of a law firm. The reason being disclosing confidential information and trade secrets gathered by them during the course of their employment. The Court had also opined that it is unethical of any employee to disclose information that is confidential in nature and would also breach the confidentiality clause in their service contract, causing prejudice to the law firm.
Burlington Home Shopping Pvt. … vs. Rajnish Chibber (1995)
In Burlington Home Shopping Pvt. Ltd. vs. Rajnish Chibber (1995), the defendant was the former employee of the company who used the database of the company to start a similar business. Delhi High Court held in his order dated October 20, 1995, that the database that the defendant utilised was the result of the hard work of the company (plaintiff). Therefore, it is protected under the law relating to trade secrets and confidential information.
Navigators Logistics Ltd. vs. Kashif Qureshi and Ors. (2018)
In Navigators Logistics Ltd. vs. Kashif Qureshi & Others (2018), the plaintiff sued its ex-employees for infringement of copyright and breach of confidentiality for stealing data. The Delhi High Court, in its order dated September 17, 2018, held that, even if a list prepared by the plaintiff of its customers with contact numbers/persons were to qualify as an original, literary , dramatic, musical or artistic work (it cannot be a cinematographic film or sound recording), copyright would not vest therein unless the said list had been published or if the said list, if unpublished, was authorised by a citizen of India. Therefore, the plaintiff had not made a case for being granted a permanent injunction.
Saltman Engineering Co. vs. Campbell Engineering Co. (1948)
In Saltman Engineering Co. vs. Campbell Engineering Co. (1948), Saltman challenged Campbell when he used his drawings for their own purposes. Campbell was of the opinion that there is no contract treating the drawings as confidential. Lord Greene observed that it does not matter whether there is a contract or not. What matters is that Campbell knew that the drawings belonged to Saltman and were confidential. Hence, there was a breach of confidence in this case.
Conclusion
A common trend which has emerged is that there are organisations that are trying to hamper the business of their competitors by instituting IP infringement suits on the basis that an ex-employee has shared their confidential information with the new organisation or has used in his own business and this amounts to infringement of their IP, whether it is trade secret, copyright , patent, design, etc. Therefore, every organisation, company and business must resort to Non- Disclosure Agreement, Employer-Employee Contract so as to keep a check on breaches of confidential information and also to mitigate the risks of leakage of confidential information. Different forms of IPR require different ways of handling them. Each industry must make its own IP policies, management styles, and strategies depending on its area of specialisation.
References
Dr. B.L. Wadhera, Law Relating to Intellectual Property
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This article is written by Susanna Sharma. The article discusses everything about the Jharkhand Judicial Service Exam in detail to provide aspirants with the necessary information. All important queries, such as the eligibility criteria, required qualifications, the steps to follow for the application process, syllabus for the exam, expected vacancies, salary and benefits, books to refer, tips to prepare and many important and frequently asked questions (FAQs) on the preliminary entrance test, Mains Examination and interview. An attempt has been made to provide as much clarity and exhaustive knowledge about the Jharkhand Judicial Service exam 2023 as possible in this article.
It has been published by Rachit Garg.
Table of Contents
Introduction
Every year, many law graduates patiently await the notification for judicial exams in various states in India according to their preferences. The Jharkhand Judicial Service Exam is one such highly anticipated exam by many aspirants all over India. The notification for the judicial exam in Jharkhand is made depending on the number of vacancies available each year. The latest notification for recruiting Civil Judge (Junior Division) in Jharkhand Judiciary is published for the year 2023.
This article will be your guide, and by the time you finish reading it, you will understand all that there is to know about the Jharkhand Judicial Service exam and be fully prepared to ace it.
Jharkhand Judiciary exam : an overview
The Jharkhand Judicial Service Exam is conducted by the High Court of Jharkhand, situated at Ranchi, for the post of Civil Judge (Junior Division) in the Judicial Service of Jharkhand. Law graduates from all over India who have a dream of becoming judges and qualify the exam are recruited to this esteemed position based on several aspects such as clarity of legal concepts and laws, application of legal mind, the ability to solve problems efficiently, etc. The selection is done through multiple rounds of examination and interview, namely:
Prelims Examination,
Mains Exam, and
Interview.
Ultimately, those who clear all the rounds of the selection process are chosen for the position, and they get the opportunity to serve as Jharkhand Judicial Officers, which is a highly respectable and coveted job with many perks and benefits. The Jharkhand Public Service Commission, in its latest notification of August 2023, has announced 138 vacancies for the post of Civil Judge (Junior Division), for which examination will be held in 2023. The dates of the exam have not yet been published; in the event of their publication, they will be duly mentioned in this article. Candidates are advised to visit this article from time to time to learn about the dates of the exam.
Tabular representation of Jharkhand Judiciary exam, 2023
The following table briefly mentions all the important dates of the Jharkhand Judicial Service exam 2023.
Events
Dates
Date of official recruitment notification
14th August 2023
Opening date of filing the application form
21st August 2023 (05:00 PM)
Last date of filling the application form
21st September 2023 (05:00 PM)
Last date of paying the application fee
27th September 2023 (05:00 PM)
Application fee
Unreserved, Backward Class I and Backward Class II- Rs. 600/-Scheduled Tribes and Scheduled Castes – Rs. 150/-
Eligibility
Bachelor’s degree in Law (LLB) from a recognised universityMust be enrolled as an advocate Must be of good health and moral character
Number of vacancies
138 (category-wise description of vacancies is mentioned here)
Age limit
Above 22 years of age and below 35 years of age as on 31st January, 2023,Relaxation of upper age limit by 3 years for women, Scheduled Tribe or Scheduled Caste Category-wise age relaxation of upper age limit by 10 years for disabled candidates.
Stages of exam
Preliminary Entrance testMains ExaminationInterview or viva-voce
Keep visiting the page for any new updates on the dates of the exam. Candidates can visit here to apply for the exam. Kindly check the detailed instructions given on the page before filling out the application form.
Details on the post of Civil Judge (Junior Division) for the Jharkhand Judicial Service Exam
To provide you with the right motivation for the preparation, let us have a look into the details of the job post, such as the designation and the pay scale of those who are selected in the exam.
Designation
Aspirants who clear this exam are selected for the esteemed post of Civil Judge (Junior Division) in the Jharkhand Judicial Service, which is an entry level position. Civil judges have jurisdiction to deal with civil cases with minor pecuniary limits. Civil Judges (Junior Division) only deal with civil and not criminal cases.
After selection, the judicial officers have the opportunity to rise through the ranks. The promotion of the judicial officers depends on their performance, the internal examinations that are held for promotion (also known as accelerated promotion, where competitive exams are held among the civil judges for promotion to the post of District Judge), and also the vacancies available in higher ranks.
So, a candidate has great prospects of promotion from a Civil Judge (Junior Division) to higher designations such as:
Civil Judge (Senior Division);
Judicial and Chief Judicial Magistrate Magistrate;
Additional District Judge/ Additional Sessions Judge;
DIstrict Judge/ Sessions Judge;
High Court Judge.
Although, promotion to the post of a High Court Judge is a long journey, and most of the time, the judicial officers retire before they reach the High Court, there are still considerable chances of promotion to the High Court of the State of Jharkhand.
Pay Scale and Allowances
A Civil Judge is paid the below mentioned amount as salary for each month as per the 2023 recruitment notification, starting from Rs. 27,700 to Rs. 44,770, which is the (unrevised) basic salary (27700-770-33090-920-40450-1080-44770).
Along with the basic salary, a Civil Judge is also entitled to many allowances from the state, such as:
Allowances and Perks
Details
Dearness Allowance (DA)
Necessary to maintain the cost of living with rising inflation. The DA is revised periodically.
House Rent Allowance (HRA)
Paid for the purpose of housing and maintenance.
Travel Allowance
Paid for the expenses incurred while travelling on duty.
Medical Assistance
Paid in case of medical expenses.
Electricity and Telephone allowances
Paid for the monthly expenses of electricity and telephone in the residence of the Judges.
The additional perks and services offered in the job are many, which makes it a very attractive and sought after job by thousands of law graduates all over India.
Vacancies for the Jharkhand Judiciary exam, 2023
The selection of candidates for the post of Civil Judge (Junior Division) in the Jharkhand Judicial Service depends on the number of vacancies available. The Jharkhand Judicial Service Exam in 2023 will be held to fill a total of 138 vacancies for this post.
Category-wise description of vacancies
The available vacancies in the Jharkhand Judicial Service 2023 for the post of Civil Judge (Junior Division) are divided into several reserved categories. Some are vertical reservations and some are horizontal reservations.
The vertical reservation categories can be pointed out as follows:
Unreserved,
Scheduled Tribe,
Scheduled Caste,
Backward Class I (BC-I),
Backward Class II (BC-II),
Economically weaker section (EWS).
The horizontal reservation categories are-
Primitive Tribe,
Women,
Sports category.
Handicapped reservations, which include reservations for persons with:
Low vision
Low hearing
Locomotor disability (except cerebral palsy)
As per the official notification, the category-wise number of vacancies is as follows:
Vertical reservations
Number of vacancies
Unreserved
60
Scheduled Tribe (ST)
28
Scheduled Caste (SC)
12
Backward Class I (BC-I)
10
Backward Class II (BC II)
15
Economically Weaker Section (EWS)
13
Total
138
Horizontal reservations
Number of vacancies
Primitive Tribe
01
Women
08 (3 from unreserved category and each one from Scheduled Tribe, Scheduled Caste, Backward Class I, Backward Class II and Economically Weaker Section)
Sports
03
Handicapped
06 (2 for low vision, 1 for low hearing and 3 for locomotor disability except cerebral palsy)
Description of reservations in the Jharkhand Judiciary exam, 2023
Reservations for women
Women are provided with horizontal reservation for the post of Civil Judge (Junior Division) in Jharkhand. Some seats in the unreserved general category or the ST/SC/BC I/BC II/EWS categories are kept aside specifically for women.
As per the 2023 notification for direct recruitment, 8 seats are reserved for women. These 8 seats have been reserved in various categories. Here is the description:
3 seats for women belonging to unreserved category,
1 seat for women belonging to Scheduled Tribe,
1 seat for women belonging to Scheduled Caste,
1 seat for women belonging to Backward Class I,
1 seat for women belonging to Backward Class II,
1 seat for women belonging tothe Economically Weaker Section.
Reservation under the sports quota
The Jharkhand Judicial Services Exam 2023 also has a separate horizontal reservation for candidates under the sports quota. This is an excellent step to represent candidates in the judiciary with extraordinary merits in sports at international and national levels. In order to be eligible for reservation under the sports quota, any of the following pre-conditions have to be fulfilled:
The candidate must have won a medal in any competition organised by the International Olympic Committee and such other related international federations;
The candidate must have secured First place in a national-level competition organised by the Indian Olympic Association and such other related federations, or
The candidate must have secured a World record in any of the national level competitions.
Only candidates belonging to any of the above three categories of sportsmen are considered for reservation for the post.
Reservations for persons with disability
Seats are also reserved for candidates with disabilities. The Jharkhand Public Service Commission has provided for horizontal reservation for such candidates. In the 2023 notification for recruitment of Civil Judge (Junior Division) in Jharkhand, a total of 6 seats are reserved for handicapped persons, out of which:
2 seats are for persons with low vision,
1 seat are for persons with low hearing, and
3 seats are for persons with locomotor disabilities, not including cerebral palsy.
As per Section 34 of the Rights of Persons with Disabilities Act, 2016, not less than 4% of seats are to be reserved for persons with benchmark disabilities in any government job. So, 4% of reservations are made for persons with disabilities in the Jharkhand Judicial Service, out of which:
1% reservation is made for persons with low vision,
1% of reservations are made for people with low hearing,
1% reservation is made for persons with locomotor disabilities, which are- a) dwarfism; b) persons cured of leprosy; c) victims of acid attacks; and d) muscular dystrophy.
1% reservation for persons with multiple disabilities such as low vision, dwarfism, persons cured of leprosy, etc. mentioned in the above criteria.
Things to keep in mind while claiming reservations under the handicapped quota are:
Candidates with disabilities must select the option “persons with disabilities/handicapped” while filling out the application form. Those who do not select the handicapped option while filling out the form cannot claim a reservation later on in the recruitment process.
The benefits of the reservation will be given to only those relevant disabled candidates who fulfil a minimum 40% disability benchmark.
It is mandatory to attach the disability certificate duly issued by a competent authority while filling out the form; otherwise, the candidate will not be entitled to the reservation.
All law graduates and students aspiring to work for the Judicial system as a Civil Judge at entry level need to have certain important qualifications and fulfil certain criteria. So, the following criteria have to be met:
Qualifications
The candidate must have a bachelor’s degree in law; it can be either a 3 years LLB course or a 5 years integrated law course from any recognised university or institution until the last date for submission of the online application form.
The candidate must be enrolled as an advocate under the Advocates Act, 1961 before the last date for submission of the application form.
The candidate must possess:
a) good and sound health, capable of carrying out his duties,
b) must bear a good moral character,
c) must not be involved in or related to any kind of criminal case which reflects poorly on the moral character of the candidate.
Age limit
Candidates for the exam for the post of Civil Judge (Junior Division) in Jharkhand must be above the age of 22 years and below the age of 35 years as of 31.01.23.
Age relaxations for certain candidates
Female candidates, candidates belonging to Scheduled Castes and Scheduled Tribes and persons with disabilities have been provided relaxations on age for the purpose of filling out the application form. The category-wise age relaxations are:
Female candidates are given upper age relaxation up to 3 years, which means they can fill out the form up to the age of 38 years (35+3 = 38 years).
Candidates belonging to Scheduled Caste or Scheduled Tribe are also entitled to an upper age relaxation of 3 years, which means they can fill out the form up to the age of 38 years(35+3 = 38 years).
Candidates belonging to the category of persons with disabilities are entitled to an upper age relaxation of 10 years. (35+10 = 45 years).
Grounds for disqualification from the Civil Judge (Junior Division) exam 2023 in Jharkhand Judicial Services
It is important for all the aspirants to note that their application can be cancelled and they can be disqualified during any of the rounds of the selection process on certain grounds. They are:
Resorting to improper means for obtaining admission to examination.
If the candidates provide any false information or hide any important information while filling out the online application form.
If the candidates tamper with or make any changes to the official documents duly attested and submitted by them, if such tampering is discovered, their candidature is disqualified.
In the event of any discrepancy between different documents, the candidate will first be given an opportunity to provide a reasonable explanation, failing which his candidature will be disqualified.
Impersonating somebody else for the examination or choosing someone else to impersonate the candidate.
Using unfair means and cheating during the exam to get undue advantage.
If during the exam the candidate writes irrelevant answers and matters such as obscene drawings, pornographic matters, or sketches.
Misbehaving with anyone in the examination hall during the exam.
If the candidate causes any harm, especially bodily harm, or harasses any of the staff employed for the purpose of conducting the exam.
If the candidate brings any electronic device during the examination, such as mobile phone, tablet, or any communication device.
Any kind of canvassing by the candidate will automatically lead to disqualification.
If the candidate makes an attempt to commit any of the acts mentioned aforesaid or instigates another candidate to do any such activity.
If the candidate indulges in any of the above mentioned activities, he or she is entitled to be-
disqualified from the exam and the selection process altogether.
debarred from appearing for the examination permanently or for such specific amount of time as the case may be.
Stages of Jharkhand Judiciary exam
The selection process for the Jharkhand Judicial Service Exam has different stages, which can be mainly pointed out as:
Prelims Examination,
Mains Examination,
Interview.
Each stage is carefully conducted to test the candidates and choose the best among them for the job. Now, let us have a thorough look at all of these stages.
Prelims examination : Jharkhand Judiciary
The first stage of the examination is the Preliminary Entrance test, which is a written examination. The questions will be Multiple Choice Questions (MCQs) or objective type questions, and the candidates will have to choose the right option from among the given choices. It is a screening test conducted to lower the number of candidates for the Mains Examination and the interview. The duration of this test is two hours.
As per the official notification of 2023, the High Court of Jharkhand conducts a preliminary test if the number of candidates applying is very large. So, if the number of applicants is less, the Prelims Examination may not be held. However, it is no secret that thousands of law graduates are waiting for the official notification, so the number of applications will most probably be very high.
Question pattern of the preliminary entrance test
The Prelims Examination is held for a total of 100 marks. The questions are objective type and multiple-choice questions (MCQs). They aim to test the general knowledge and clarity of legal provisions among the candidates. The test consists of 100 questions, where each question is worth 1 mark. There is no negative marking for wrong answers in the exam. The marks obtained in this Prelims Examination are qualifying in nature. The marks obtained in this exam are not counted for final selection for the post. Only those who clear the Prelims Examination can sit for the Mains exam.
Syllabus for the preliminary entrance test of Jharkhand Judiciary exam
The official syllabus for the Preliminary Entrance test of the Jharkhand Judicial Service exam has been provided by the official notification of 2023. The syllabus for the exam consists of :
General English;
General knowledge, which includes current affairs;
The Code of Civil Procedure, 1908;
The Code of Criminal Procedure, 1973;
The Indian Evidence Act, 1872;
The Indian Contract Act, 1872;
The Indian Penal Code, 1860.
Any changes made in the syllabus will be updated by the Jharkhand Public Service Commission and will also be accordingly updated on this page for your convenience. A thorough understanding of all these subjects and knowledge of current legal affairs and landmark judgements will maximise your chances of qualifying for the exam.
Preparation of merit list for the mains examination
When the merit list is prepared after the preliminary entrance test, candidates up to 15 times the total number of vacancies announced category wise are allowed to appear in the Mains Examination. In the event of a tie of marks between candidates, all such candidates are called for the Mains Examination, irrespective of the number of candidates exceeding 15 times the number of vacancies.
Tips and tricks for the preliminary entrance test of Jharkhand Judiciary exam
Here are some tips and tricks to help you with the preparation of the Prelims Examination of the Jharkhand Judiciary exam:
Simultaneous preparation
The preparation of the preliminary entrance test is to be done simultaneously with the Mains Examination. It is advised by many experts and successful candidates that one should start preparing extensively for the Mains Examination, and it will automatically help you in solving multiple choice questions (MCQs) for the preliminary entrance test. Once a topic has been thoroughly covered, you will be able to answer objective questions too.
Knowledge of acts
A thorough understanding and knowledge of all bare acts is of great importance. In an interview, Mr. Sarthak Sharma (Rank 4 in the Jharkhand Judicial Service Exam 2018) shared his personal experience of preparing for the preliminary entrance test. He shared that he relied mainly on bare acts and their provisions in great detail since legal questions mainly revolve around important provisions in the bare act.
General knowledge and current affairs
A good grasp of general knowledge and current affairs is very important. Having extensive knowledge of legal affairs, recent judgements and static GK is also very important. For this purpose, aspirants must be updated with daily national, international and local news, important events in the country, etc.
Mock tests
Mock tests are very important to determine the extent of your preparation. These mock tests will give you an idea of topics on which you lack knowledge or need to revise, and they will help you efficiently manage your time since it’s important to finish 100 questions within a span of only 2 hours. Candidates can opt for mock tests online and also refer to books for help.
Refer to previous year’s question papers
Solve past year question papers of the preliminary entrance test of the Jharkhand Judiciary as well as those of other state judiciaries with similar syllabuses. These will provide candidates with an added advantage. It will help them understand the kind of questions asked during the exam and will act as practice sessions, boosting their confidence.
Hard work
Continue the hard work. Aspirants must continue to revise all the subjects from time to time. Constant repetition of notes will help in remembering the Sections, provisions, and important illustrations. Self prepared notes are great for revision. Constantly revisiting the notes and bare acts will sharpen your memory and ability to solve the questions quickly.
Mains examination :Jharkhand Judiciary
After the completion of the preliminary entrance test and the release of the merit list, the next stage is the Mains Examination. It consists of subjective type questions which are descriptive in nature and need to be written in a lengthy manner. This is designed to test the candidate’s writing skills. Only those candidates who qualify the preliminary entrance test can appear for the Mains Examination.
Question patterns of mains examination
The Mains Examination consists of a total of 4 papers, which are Paper I, Paper II, Paper III and Paper IV respectively, each with 100 marks. So the total marks for the Mains Examination are 400. The duration for each paper in the Mains Examination is 3 hours or 180 minutes. Appearing in each of these papers is compulsory.
Syllabus for the mains examination of Jharkhand Judiciary exam
As mentioned above, the Mains Examination consists of 4 papers. The paper-wise syllabus of the Mains Examination has been listed below:
Paper I (100 Marks)
Paper I of the exam consists of the following subjects-
The Code of Civil Procedure, 1908;
The Code of Criminal Procedure, 1973;
The Indian Penal Code, 1860;
The Indian Evidence Act, 1872;
The Limitation Act, 1963.
Paper II (100 Marks)
Paper II of the Mains Examination consists of the following subjects-
The Indian Contract Act, 1872;
The Sale of Goods Act, 1930;
The Negotiable Instruments Act, 1881;
The Arbitration and Conciliation Act, 1996;
The Transfer of Property Act, 1882.
Paper III (100 Marks)
Paper III of the exam consists of the following subjects-
Hindu Law;
Mohammedan Law;
Rent Control Law;
The Specific Relief Act, 1963;
Jurisprudence.
Paper IV (100 Marks)
Paper IV of the exam is a language paper. It consists of two languages, namely Hindi and English.
The paper will test the language proficiency of the candidates through:
Essay writing;
Precis writing;
Translation from Hindi to English and English to Hindi;
Paraphrasing.
Tips and tricks for the mains examination of Jharkhand Judiciary exam
After clearing the preliminary entrance test, candidates have to appear for the Mains Examination, which is very important in determining their final selection for the post of Civil Judge (Junior Division). Marks obtained in the Mains Examination are considered for the final result along with the interview. Here are some tips and tricks to help you in your preparation for the Mains Examination:
Start early
The preparation for the Mains Examination must begin early. As discussed above, covering the syllabus for the Mains Examination will also help you with the preliminary entrance test. After the selection in the preliminary entrance test, not much time is left before the Mains Examination is conducted, so a candidate must be well prepared for both the prelims and mains simultaneously.
Read books by authors along with the bare acts
While bare acts will provide you with the laws, they do not have extensive explanations provided for your convenience and understanding. It is always advised to purchase books from good authors for clarity and ease of note making.
Start preparing notes
The Mains Examination consists of lengthy, analytical types of questions which require you to formulate answers and apply your legal mind. The answers must be comprehensive; they must answer every aspect of the question asked and be satisfactory. It is important to make comprehensive notes so that you can later revisit and revise them. Your own notes will come in handy in the long run.
Practise writing answers before the exam
The exam is conducted for a duration of 3 hours, during which a candidate will have to write a lot. It may become difficult for some to write for such a long period of time if they have lost the habit of writing. So, it is important to practise writing answers within the time limit.
Refer to previous year’s question papers
Go through previous year’s question papers for clarity on the types of questions asked and the pattern. This will give you confidence and an idea of how questions are asked. Start writing answers to those questions as they are asked.
Read questions carefully
Read the questions carefully, understand what the question is asking, and accordingly write clear, logical answers. Along with the word limit, it is also important that the answers are good and correct.
Add relevant case laws; this will justify your answers and make them better. The examiner will also be able to know that you are aware of the important case laws and the present jurisprudence. This will reflect your knowledge of legal affairs outside of the bare acts.
Structure your answers well and make them presentable and easy to read. Use fluid and understandable words and language. Your answers must be easy to understand so that the examiner can mark you well.
Handwriting
Write in good handwriting. A good handwriting will make your answer paper presentable and will be easily understood by the examiner. Do not write in messy and dirty handwriting.
Interview : Jharkhand Judiciary exam
The interview consists of a viva-voce or oral test. It is designed to test the personality of the candidate and his or her ability to think rationally and speak, since most of the knowledge testing of laws and books is already done through the Preliminary Entrance test and the Mains Examination. The interview has a total of 100 marks.
Preparation of merit list for the interview or viva voce
After successfully qualifying the written Mains Examination, the candidates enter the final stage of the selection process, which is the interview process. As the selection process reaches its end, the number of candidates becomes smaller; candidates up to three times the total number of vacancies are called for the interview. In case of a tie of marks between the candidates, all the candidates with such marks are called for the interview, irrespective of the number of candidates exceeding three times the number of vacancies.
Qualifying marks for the interview
In order to qualify for the interview process, the candidate has to secure the minimum qualifying marks, which are different for the unreserved and reserved categories.
For the unreserved General category and Economically Weaker Section (EWS), the candidate must secure a minimum of 25% in the evaluation process during the interview.
For the candidates belonging to other reserved categories (ST/SC/EBC and BC), they must secure a minimum of 20% to qualify in the interview process.
Tips and tricks for the interview round of the Jharkhand Judiciary exam
After qualifying the first two tests of the Preliminary entrance test and Mains Examination, you have finally made it to the final step of the process. Your hard work and continuous pursuit has helped you reach here. Here are some tips to help you prepare for the interview round:
Confidence is the key
You need to be confident in front of the panel of examiners. Do not worry about the result; simply focus on answering the questions. Your knowledge has been extensively tested through the preliminary entrance test and Mains Examination; during the interview, your ability to speak and confidence to put forward your points will be evaluated.
Dress appropriately for the interview
The candidate should only wear formal attire, non-formal colourful attire will not be appropriate for the interview. Your attire must reflect your seriousness about the job and your personality.
Listen carefully
The candidate is asked many questions by the panel of examiners, and it is important to listen to the questions properly. Half understanding the question will not help you; stay calm, listen, and formulate your answers.
Speak clearly
When a question is asked, you must speak clearly and put forward your thoughts. Do not stare at the ceiling or avoid eye contact; neither should you invasively look into the eyes of the interviewer. It must be a pleasant and natural communication. Your voice should be audible and clear, so that the interviewers can hear you well.
Avoid repetition
Avoid repeating the same things over and over. Use simple and the right words for answering the questions. Read various legal articles and blogs to learn new words that will help you. iPleaders has many legal articles that will help you with both knowledge on various subjects and increasing your vocabulary.
Apologise if mistaken
Politely apologise if you are not aware of the answer to any of the questions asked. It is not always possible to know everything under the sun. There may be instances when you do not know an answer; simply apologise and state that you’re currently unaware of the same. It is okay to not be able to answer some questions; do not panic and continue to focus on the other questions.
Read up on current affairs and current legal developments
Sometimes questions may be asked about them to test how aware you are of the developments around you. Also, brush up on your legal concepts for any quick questions on them. Be spontaneous.
Practise for the interview
Mock interviews are a great way to prepare for the interview. You will become familiar with and comfortable with facing questions and answering.
Be well-prepared to answer questions about your qualifications and experiences
For example, if you have a masters degree in law (LLM) in corporate law, expect a few questions from the subject. Similarly, if you have experience as a criminal lawyer, expect questions from that area.
Do not bluff
Do not make up answers for questions that you do not have knowledge about. Bluffing is not good for the interview. The examiners are experts and knowledgeable people in the field of law and your bluffing can get you into trouble with the examiners.
If you follow these tips and tricks and continue your preparation, you will surely have a great chance of doing well in your interview and leave a good impression with the examiners.
Preparation of the final merit list
The final merit list of the selected candidates for the post of Civil Judge (Junior Division) will be prepared on the basis of the marks obtained in the Mains Examination and interview round only. The marks obtained in the prelims exam are not counted for the final selection. So, after qualifying the prelims exam, the candidates must perform well in both the Mains examination and the interview round to be selected.
How should a candidate start preparing for the Jharkhand Judiciary exam
The Jharkhand Judicial Service Examination 2023 is highly anticipated by aspirants from all over India. The preparation must be thorough and extensive, ranging from general knowledge, including current affairs, to the intricacies of legal concepts.
The preparation takes time, patience, and hard work on the part of the aspirants to achieve their dream. I have some pointers to help you with preparation:
Start early
It is advisable to start your preparation journey as soon as possible. It is suggested to start your preparation in the 3rd or 4th year of law school in case of a 5 year LLB course and as early as possible in the case of a 3 year LLB course.
Gather your study materials, college notes, and necessary books
The necessary study materials will include:
Bare Acts
It is important to save all your bare acts from the first semester of your law school. Any amendments made to the Acts can be referred to on the internet.
Stay updated on the current affair
Real newspapers and have daily access to news, current affairs, and legal affairs.
Books for various law subjects
Books for various law subjects from authors to help you understand the language of bare acts easily and help in preparing notes.
Legal blogs and articles
Accessing various law blogs, articles, and Supreme Court cases is also a great way to keep up with changing laws and judgements.
Some other pointers to note
A candidate can either self-study for the exam or opt for any course specifically designed for the judicial services exam in Jharkhand or any other state as per their requirements. Lawsikho provides an extensive course on judiciary preparation known as the Lord of the Courses, which will help in covering the entire syllabus of the judiciary exam in a coordinated manner with the help of expert teachers.
Since the 2023 exam is fast approaching, quick revision is key. Due to the huge syllabus, it might be difficult to remember all that you have already studied, so keep revising. Candidates can use various techniques for revision, such as flashcards, quizzing with friends and family, and self-tests.
Cross check any legal amendments and landmark judgements that have been passed recently. Candidates must be up to date with all recent developments, and mentioning these recent amendments and cases can make your answer different and fetch you good marks.
Keep referring to previous year’s question papers for guidance regarding the type of questions asked and to test yourself.
It is time to rigorously study and revise the whole syllabus since the exam is just around the corner.
Books to refer for Jharkhand Judiciary exam
Books to refer for Preliminary Entrance test of Jharkhand Judicial Service Exam
For the purpose of preparation, it is always necessary to have some good books. There are many books available, which can help candidates in their journey. It is always advisable to choose books which are easy for you to read and understand.
Here is a list of some of the books that have been shared by judicial officers of the Jharkhand Judiciary in their interviews which have proven helpful to them for the preliminary entrance test:
Subject
Name of the Book
Author/ Publication
General Knowledge
Lucent’s General Knowledge
Lucent Publication
Arihant Know Your State – Jharkhand
Rajesh Rajan, Manohar Munda
Current Affairs
Pratiyogita Darpan Magazine
Upkar Prakashan
The Hindu newspaper
General English
Objective General English
S.P Bakshi
Code of Civil Procedure 1908
Bare Act
C.K Takwani
Civil Procedure, Limitation and Commercial Courts
Code of Criminal Procedure 1973
Bare Act
R.V Kelkar
Criminal Procedure Book
The Indian Evidence Act 1872
Bare Act
Batuk Lal
The Law of Evidence
The Indian Contract Act, 1872
Bare Act
Avtar Singh’s Law of Contract and Specific Relief
Rajesh Kapoor
R.K Bangia
Contract – I
Indian Penal Code 1860
Bare Act
K.D Gaur
Textbook on the Indian Penal Code
All subjects for Prelims Examination
Multiple Choice Question for Judicial Services Examination
Singhal Law Publications
All subjects for Prelims Examination
Civil Judge Prelims Special PCS-J
Ghatna Chakra
Books to refer for Mains Examination of Jharkhand Judicial Service Exam
Here is a list of books which can be very helpful for your preparation for the Mains Examination of the Jharkhand Judiciary:
Subject
Name of the Book
Author/Publication
Code of Civil Procedure, 1906
Civil Procedure, Limitation and Commercial Courts
C.K Takwani
Code of Criminal Procedure, 1973
Criminal Procedure Book
R.V Kelkar
Indian Evidence Act, 1872
The Law of Evidence
Batuk Lal
Law of Evidence
V.P Sarathi
Indian Penal Code, 1860
Textbook on the Indian Penal Code
K.D Gaur
The Limitation Act, 1963
The Limitation Act, 1963
J.D Jain
Indian Contract Act, 1872
Avtar Singh’s Law of Contract and Specific Relief
Rajesh Kapoor
Sale of Goods Act, 1930
Law of Sale of Goods
Avtar Singh
Negotiable Instruments Act, 1881
P.L Malik’s Negotiable Instruments Act, 1881 Book
P L Malik
Arbitration and Conciliation Act, 1996
Avtar Singh’s Arbitration and Conciliation Act and Alternative Dispute Resolution System
Avtar Singh
Commentary on the Arbitration and Conciliation Act
Justice S.B Malik
Transfer of Property Act, 1882
Lexisnexis’s Property Law
Poonam Pradhan Saxena
Transfer of Property Act
S N Shukla
Hindu Law
Modern Hindu Law
Dr. Paras Diwan
Mohammedan Law
Mohammedan Law
Aqil Ahmed
Rent Control Law
Law of Rent Control in India
Justice S.U Khan
Specific Relief Act 1963
Law of Contract and Specific Relief
Avtar Singh
Jurisprudence
Jurisprudence and Legal Theory
V.D Mahajan
Jurisprudence The Legal Theory
B.N Mani Tripathi
English Paper IV
English Grammar and Composition
Wren & Martin
General English for Competitive Exams
S.C Gupta
Hindi Paper IV
Samanya Hindi Book
Agrawal Examcart
All subjects
Singhal Law Publication Comprehensive Guide to Jharkhand Judicial Service
Smriti Tripathi
Books to refer for viva voce or interview of Jharkhand Judiciary exam
There are no specific books for the interview or viva voce round of the exam. More than your knowledge of the books, your personality and ability to face the questions will be tested. However, it is also important to remember that the candidate must revise all the necessary laws as per the syllabus, as anything may be asked.
Some books to help you learn essential skills for the interview and some extra tips are:
Book
Author
Singhal Law Publications Comprehensive Guide to Jharkhand Judicial Service (Preliminary and Mains Solved Papers With Tips for Interview)
Smriti Tripathi
The New Lawyer’s Handbook – 101 Things they don’t teach in law school
Karen Thalecker
Tomorrow’s Lawyer : An Introduction to your Future
Richard Susskind
Please note: Be aware of the recent legal developments internationally as well as nationally and in your state.
Application process of the Jharkhand Judiciary exam, 2023
The application process for filling out the form for the Jharkhand Judicial Service Exam 2023 is conducted online. No offline form submissions are accepted; all applications have to be submitted through the online application system designed and available here.
While filling out the form, candidates must be very careful about the accuracy of the information being uploaded. Once the entries are made into the online application, no changes can be made later.
Have a valid Mobile number, which should not be changed till the completion of the selection process
Have a valid email address.
Documents required to fill out the online application form
All candidates filling out the online application form must keep certain documents ready to enter the necessary details. According to the notification of 2023, the necessary documents required for the application process are:
Coloured Passport size photograph;
Scanned signature of the candidate;
Scanned thumb impression;
Certificate of Degree of Bachelor’s of Law from a recognised university and a scanned self-attested copy of the same;
Certificate of enrollment as an advocate under the Advocates Act, 1961 and a scanned self-attested copy of the same;
Certificate of Postgraduate in Law or such other higher degree, if any and a scanned, self-attested copy of the same;
Proof of Age (Certificate of Matriculation – Class 10 Pass Certificate) and a scanned, self-attested copy of the same;
Caste Certificate duly issued by the competent authority, if applicable and a scanned, self attested copy;
Certificate of Disability duly issued by the competent authority, if applicable and a scanned, self attested copy;
Certificate of Achievement in Sports, if applicable, and a scanned, self attested copy of the same.
All the above mentioned documents must be ready for a smooth and hassle free entry into the online portal.
Steps to fill out the Jharkhand Judicial Service Exam 2023 application form
Once the candidates have all the necessary documents ready for conveniently filling out the form, they can proceed forward. Here, a step by step guide is provided to help you with the application process:
Step 1: Generating a Login ID
The first step towards filling the application form is creating a new login ID. Candidates have to register themselves as new users in the official application website. Then click on “Click Here for New Registration.” The candidates must have the following essentials:
An email ID to register themselves for accessing one time passwords, necessary details and information about the exam,
Creating a password for the ID; It is always advised to note down the password so that one does not forget it.
Valid Mobile number for registration
After successfully registering themselves as applicants, the next step is to fill out the application form.
Step 2: Filling the application form
Once a candidate has created a new LOGIN ID, he/she can fill out the application form.
Fill in the details about your name, place of residence, father’s name in BLOCK LETTERS as mentioned in your matriculation certificate.
Fill in your date of birth as mentioned in your matriculation certificate.
Fill in all the required sections of the application, such as gender, nationality, educational qualifications and marks, and contact information, in BLOCK LETTERS.
Do not forget to click on the SAVE button after uploading all the information.
Please note: All the information on the application form in English must be filled in BLOCK LETTERS only, except the signature. All the information provided in the form must be true; otherwise, the application may be rejected at any stage of the process.
The spellings entered must be correct as per the matriculation certificate.
Step 3: Uploading the photograph, signature, thumb impression and documents
After successfully entering all the details in the form, the next step is to upload the candidate’s passport sized photograph, signature, and thumb impression.
Photograph
The passport size photograph must be recent and coloured.
The photograph must be clicked against a good, light coloured background, and it must be clear.
If you wear glasses, there must not be reflections on them, and your eyes must be clearly visible
Candidates can wear religious headwear, but it should not cover their face.
The photograph must be scanned before uploading, and the file should be a jpg/ jpeg file. It is advisable to prepare the files and keep them ready for uploading.
The size of the file is notified by the authorities before the application process starts, the size should be between 15 to 25 kb only.
Upload the photograph to the designated space for photo only. Do not upload it in any other section meant for signature or thumb impression.
Signature
The signature SHOULD NOT be in block letters.
It is advised to sign on a white piece of clean paper with a black or blue ballpoint pen only.
The signature must be scanned.
It must also be in jpg/ jpeg format.
The size of the file should be between 10-15 kb.
Upload your signature in the designated space for signatures only. Do not upload it in any other section, as this will lead to cancellation of the application.
Thumb impression
The candidates must also upload their thumb impression.
The impression must be taken on a clean piece of paper.
The ink can be blue or black.
The impression must be clear and not smudged.
Male candidates must give their left thumb impression.
Female candidates must give their right thumb impression.
It must be scanned and uploaded in the required format.
The size of the document should be between 10-15 kb.
Documents
Scan all the necessary documents required for filling out the form.
Save the scanned documents in the pdf format
The size of the documents should be between 50 kb-70 kb.
Step 4: Payment of fees for the exam
After successfully filling out the application form and uploading the required scanned documents, the final step is to make the payment. After completing the basic registration and filling up the requisite details in the application form, the candidates must re-login on the next day after 12:00 noon for the payment of fees.
Please note: Payment for the application fee cannot be done on the same day of registration.
Payment for the application form is accepted via Credit Card, Debit Card, Internet banking, or Challan through the SBI Collect portal online. It is always advised to keep your payment method ready for swift payment. Once paid, the application fee cannot be refunded. It is non-refundable. After the paymentdownload the registration slip for future references. Offline payment is acceptable at SBI Branches only by printing out challan through SBI collect link.
The forms of those candidates who do not make the payment are not accepted as valid applications.
Fees for Jharkhand Judiciary exam, 2023
The application fee is different for different categories of applicants. As per the official notification of 2023:
The fee for candidates belonging to General category, Economically Weaker Section, Extremely Backward Class I and Backward class II category is Rs. 600 + bank charges, if any.
Fee for candidates belonging to Scheduled Caste and Scheduled Tribe is Rs. 150 + bank charges, if any.
Relaxation in payment of fees for persons with disabilities
Candidates who fall under the category of persons with disabilities, as mentioned in the reservation quota, are exempted from paying any application fees. They do not have to pay the application fee.
How to make the payment for the application form of Jharkhand Judiciary exam, 2023
Once the required details for the application are filled out, you will be directed to make a payment for submitting the application.
Except for persons with disability, all the candidates must mandatorily pay the fee; otherwise, their application will be cancelled.
In the payment portal, the candidate must enter the required information, such as credit card number/ debit card number/ internet banking account.
Complete the transaction.
A receipt of payment will be generated, and the application form is laid out for preview.
The candidates can download the application form and save it for future reference.
Tabular representation of application fees
Category of students
Fees payable
General
600 + bank charges in case of internet banking
EBC/ BC
600 + bank charges in case of internet banking
ST/ SC
150 + bank charges in case of internet banking
Persons with disability (PwD)
No fees
How to check the answer key for Jharkhand Judiciary exam
The answer key for the preliminary and Mains Examinations is published on the official website after the successful completion of the examination. Here are some steps to check the answer key:
Visit the official website of Jharkhand Public Service Commission (www.jpsc.gov.in).
Check the notification section for the examination.
Check the model answer key for all the answers.
Any objections or suggestions on the answers as per the model answer key can be made via speed post/normal post/hand in submission within the stipulated time.
After the expiration of the stipulated time for suggestions and objections, a revised answer key will be published, which shall be final.
How to check the final results of Jharkhand Judiciary exam
After the interview or viva voce round, candidates eagerly wait for the publication of the final result. The notification of the release of results is posted on the official website of the Jharkhand Public Service Commission.
Candidates can follow these steps to access their results smoothly:
Visit www.jpsc.gov.in, which is the official website of Jharkhand Public Service Commission, to access the result.
The list of selected candidates will be published on the website.
The candidates can enter their Roll No. and Date of Birth for downloading their results.
Check your results.
This is an image of the official notification of the publication of the final result of the Jharkhand Judicial Service Exam 2018.
This image shows the web page for accessing the recruitment notification, answer key, and result of the examination.
Training, probationary period and confirmation for selected candidates as per the training module of 2018
Training
All the candidates who are selected after the completion of all the stages of the examination have to go through mandatory training. The training is conducted by the Jharkhand Judicial Academy. The total training period as per the 2018 training module is 12 months, during which a strict module will be followed to train the judicial officers for their upcoming roles.
The training will include activities such as:
Writing draft judgements and orders;
Holding mock courts;
Field training;
Debate on selected issues and problems;
Taking educational excursions;
Attending lectures, etc.
Probation
All the candidates who get selected for the post of Civil Judge (Junior Division) in Jharkhand have to mandatorily serve a probationary period after the training. This period is to train the officers efficiently for their job and monitor their performance throughout the period.
The officers who clear the Jharkhand Judicial Service have to serve a mandatory probation period of 2 years. During this period, the candidate’s progress will be evaluated, and only after successfully completing the probation period, the candidate can be considered a full time Civil Judge (Junior Division).
In the event that any of the candidates do not successfully perform during the probationary period, the period may be extended for additional monitoring of performance and training.
Confirmation
After the successful completion of the training period and the probationary period, the appointment of the Judicial officer is confirmed by the High Court of Jharkhand.
Number of attempts for Jharkhand Judiciary exam
There is no specific limit mentioned in the official notification to the number of times a candidate can sit for the Jharkhand Judicial Service Exam. Each candidate gets unlimited attempts. However, candidates must be mindful of the upper age limit for sitting in the Jharkhand Judicial Service Exam.
An analysis of previous year’s Jharkhand judiciary vacancies
The vacancies for the post of Civil Judge (Junior Division) are posted on the website of the Jharkhand Public Service Commission from time to time. Here is an analysis of the vacancies notified to help the candidates understand the pattern and number of vacancies and reservations over the years.
Number of vacancies in 2018
The number of vacancies notified by the Jharkhand Public Service Commission in the year 2018 were:
Category
Number of vacancies
General
78
Reserved
29
Total
107
Number of vacancies in 2015
The number of vacancies notified by the Jharkhand Public Service Commission in the year 2015 were:
Category
Number of vacancies
General (unreserved)
23
Reserved
23
Total
46
It can be seen that the latest notification of vacancies is for a total of 138 seats, which is comparatively greater than the vacancies of 2015 and 2018.
Contact details for the Jharkhand Judiciary exam
In case of any query or need for help in filling out the online application form, the candidate can reach out to the helpline number provided on the website between 10:00 AM to 5:00 PM on working days.
The helpline numbers for queries relating to filling out the application form and payment of fees as per the official notification of 2023 are- +919431301419 and +919431301636.
Important pointers for Jharkhand Judiciary exam, 2023
This is a competitive examination, and thousands of candidates apply and sit for it. So, the candidates must prepare well. It is your opportunity to shine and secure a dream that is shared by many. Study on a daily basis and keep revising.
Always refer to the past year’s question papers. This ensures that the candidates are well aware of the question pattern and the types of questions asked. This will give a fair idea of the topics that are important and need more attention. It will also help you evaluate your preparation level.
Fill out the online application form as soon as possible, and do not wait for the last date of submission. Sometimes the online portal may not work, or you may make a mistake in a hurry. So, sort your documents beforehand and fill out the form early.
Read all the instructions carefully while filling out the form. Make sure that the information is true and can be substantiated with documents during verification.
Candidates belonging to the reserved category must make sure that they fall under the said reservation criteria while applying for the quota. The criteria for reservations have been extensively discussed here.
Leave for the examination centre well before time. Avoid any kind of delay that may cause panic or nervousness.
Give your best and expect fair results. Do not be discouraged if you do not perform well. A candidate has an unlimited number of attempts in Jharkhand Judiciary. One can always try again.
Frequently asked questions (FAQs) on Jharkhand Judiciary exam
Frequently asked questions on Jharkhand Judicial Service Preliminary Examination 2023
What is the duration of the Prelims Examination of Jharkhand Judicial Services?
The duration of the Prelims Examination is only 2 hours. The candidates have to solve a total of 100 questions in under 2 hours for the purpose of the exam. No additional time is provided to the candidates for writing the exam.
What are the total marks allotted to the Prelims Examination?
The Prelims Examination is conducted for a total of 100 marks, and 100 multiple choice questions are asked. Each question is worth 1 mark. For every right answer, the candidate will be awarded 1 mark.
Is there negative marking in the Preliminary Entrance test?
No, the Jharkhand Judicial Service exam does not have negative marking for wrong answers. This gives the candidates the opportunity to attempt as many questions as possible without fear of losing marks.
What is the cutoff mark for qualifying for the Prelims Examination?
The required cut off marks for qualifying the examination varies every year. It shall be out of 100 marks. It depends on various factors such as the number of candidates applying, number of available vacancies in the year, the level of the question paper, and so on. Before publishing the results, the Jharkhand Public Service Commission also discloses the cut off marks required to clear the exam.
What should be my focus for preparation for the Prelims Examination?
It is advised by many experts and candidates who have sat for the judiciary examination that the aspirants should focus on the bare act for the prelims. The language of the bare act, its essential provisions, and its illustrations must be clear. A major portion of the questions come from the bare act, and thus extensive knowledge of the bare act is required.
Are the marks obtained in the Prelims Examination counted for the final selection?
The marks obtained in the prelims are only qualifying in nature; once you qualify the preliminary entrance test, the marks obtained are not counted for the final selection. For the purpose of the final result, only the marks obtained in the Mains Examination and the viva voce rounds are counted.
How many mock tests should I take during the preparation of the preliminary entrance test?
There is no one specific number as to how many mock tests will help you with the exam. The more mocks you give, the more confident you will be for the exam. Mock tests are a great way to manage your time and find the subject areas which need more revision.
Frequently asked questions (FAQs) on Jharkhand Judiciary exam
How do I write descriptive answers for the Mains Examination?
This is a question which is most frequently asked by aspirants all over India. The doubts are regarding the length of the answer, the contents, how to find good notes, etc. For this purpose, it is advised that the candidate must try to:
Present articulated, well-written answers.
The answers must address every part of the question.
The appropriate sections are to be mentioned.
Add landmark and recent judgements which substantiate the answer.
How many papers are there in the Mains Examination?
There are a total of 4 papers in the Mains Examination. They are Paper I, Paper II, Paper III and Paper IV. Each paper is for 100 marks and each of the papers is descriptive in nature. So, detailed, long and constructive answers are to be written to score good marks. So, the total marks for the exam is 400 marks.
How long will it take to prepare for the Mains Examination?
The syllabus of the Mains Examination is vast, and it requires a lot of preparation. The time required depends on the candidate; there cannot be one formula or time limit for everyone. However, it is advised that once you have decided that your goal is to become a civil judge, you must start your preparation. For law students, they can start their preparation in the 3rd or 4th year of the 5 year law course and students of the 3 year course can begin from the 2nd year itself. That being said, it is never too late to begin. If, while reading this blog, you decide you want to become a Civil Judge, you can start straight away.
Are the past year question papers helpful for the exam?
Yes, past year question papers of the Jharkhand Judicial Services exam are very helpful for the preparation of a candidate. They are easily available online and are great for understanding the questions, their patterns, the word limits, and practice writing answers. One must always have a look at the question papers.
Frequently asked questions (FAQs) on interview round of the Jharkhand Judiciary exam
What should I wear for the interview?
You must wear formal clothing for the interview. Avoid any flashy or inappropriate piece of clothing. It must be decent and professional.
What should I study for the interview round of the Jharkhand Judicial Service Exam?
Unlike other rounds of the Jharkhand Judicial Service Exam, the interview round does not have a specific syllabus. The interviewer tests the candidates on the basis of their speaking skills, confidence, presentation, presence of mind, etc. Anything and everything can be asked in the interview round, from personal background, hobbies, current legal affairs, and sometimes provisions of law too. However, this is just to test how aware you are of your surroundings and your ability to articulate your thoughts and communicate.
What should I do if I do not know the answer to any of the questions asked in the interview?
It is not always possible to have extensive knowledge about everything under the sun. In such a scenario where you do not know the answer, you can very politely state that you are currently unaware of the matter but will definitely look into it and learn about it later. Do not beat around the bush or give vague answers on topics of which you are not aware.
How do I practise for the interview?
The interview round is the final stage to overcome before you achieve your goal. It is important that one is well prepared for the interview. You can brush up on your communication skills by practising in front of a mirror, taking mock interviews, and asking your friends and family to interview you. Read books and articles to increase your vocabulary.
What kind of personal questions may be asked during the interview?
The interview round is a mix of questions to test your personality as well as your knowledge. You may prepare some personal questions that may be asked about you and your personality, such as:
What are your hobbies?
Your family history.
What are your strengths and weaknesses?
What led you to pursue a career in law?
What, according to you, is a necessary quality in a judge?
How will you deal with corruption?
These are only examples of questions that are asked during the interview.
What kind of legal questions may be asked during the interview?
The candidate may also be asked certain basic legal questions and concepts, along with current legal affairs. Some of the examples of questions are:
Who is an accomplice?
Which landmark judgement led to a change in the abortion laws in the USA?
Explain the concept of quasi contract.
What is the difference between a murder and a culpable homicide?
These are some examples of questions that may be asked. It is always better to brush up on your legal concepts and stay updated on current legal affairs.
Frequently asked questions (FAQs) on age criteria of Jharkhand Judiciary exam
Is there a prescribed age limit for sitting in the Jharkhand Judiciary Exam?
Yes, a lower as well as an upper age limit has been prescribed for candidates who want to sit for the exam. Only candidates who are between the ages of 22 to 35 can sit for the exam.
Are there age relaxations for candidates belonging to Scheduled Castes and Scheduled Tribes?
Yes, an upper age limit relaxation of 3 years is provided to candidates who are from the SC or ST. So, a candidate belonging to ST/SC has an upper age limit of 38 years of age.
Are there age relaxations for female candidates in Jharkhand Judiciary?
Yes, the Jharkhand Judicial Services Exam provides a 3 year age relaxation to the upper age of female candidates. So women are eligible to sit for the exam until the age of 38.
Are there age relaxations for persons with disabilities?
Yes, the Jharkhand Judicial Services Exam has given an upper age relaxation of 10 years to candidates who are persons with disabilities. It is important that they come under the prescribed benchmark of 40% or more disability and the kinds of disabilities covered. This means a PwD candidate can give the exam until the age of 45 years.
Frequently asked questions (FAQs) on the reservation under Jharkhand Judiciary exam
Who is provided with reservations in the Jharkhand Judiciary?
There are both vertical and horizontal reservations in the Jharkhand Judiciary. The following categories are entitled to reservations:
ST,
SC,
BC-I,
BC-II,
Primitive Tribe,
Women,
Sportspersons,
Persons with disability,
Economically Weaker section.
What kinds of sports are considered for reservation in the Jharkhand Judiciary?
Candidates who want to obtain the benefit of the sports reservation have to fulfil the following essential criteria:
Organised by
Medal/ Position
International Olympics Committee
Medal
National level sports organised by Indian Olympics Association
First Position
National level competition
World Record
Do female candidates have a separate reservation in Jharkhand Judiciary?
Yes, women are entitled to vertical reservation in the Jharkhand Judiciary for the post of Civil Judge (Junior Division). Some seats in the unreserved and other reserved categories are reserved for women.
How can a candidate claim reservation for EWS in the Jharkhand Judicial Services exam?
To claim the reservation under the EWS category, the gross annual income of his/her family must be below 8 lakh rupees. The candidates have to submit an Income and Asset Certificate, the proforma for which can be accessed here.
Where do I find the reservation certificate proforma for Jharkhand Judiciary?
The required certificate of reservation is to be obtained from the proforma uploaded in the official website of the Jharkhand Public Service Commission available here. Candidates can also follow these steps to access the proforma-
On the left hand side bar, you will find Important Jharkhand Govt. Circular and Notices. Click on it.
You will be redirected to a page which consists of all the formats of different reservation certificates.
Choose your required format and download the same.
Fill out the form and get it duly issued by the competent authority.
Some other Frequently Asked Questions (FAQs) on Jharkhand Judiciary exam
Is it necessary to complete a postgraduate degree in law for the judiciary exam?
No, it is not mandatory to have an LL.M. degree to sit for the judiciary exam. The basic minimum qualification needed is a Bachelor Degree in Law, which can be either a 5 year course or a 3 year course, along with an enrollment certificate as an advocate.
Are there any benefits of having an LL.M. degree in the selection process of the Jharkhand Judiciary?
Yes, although it is not mandatory to have an LL.M. degree to appear for the exam, it has an added benefit. In case of tie of the marks during the final selection, preference is given to those candidates who have a masters degree. So, if there is a tie between a candidate with a LL.B. Degree and another candidate with an LL.M. degree, the latter will be chosen over the former.
Is there any benefit of having experience in legal practice?
Yes, in case of a tie of marks between candidates in the final selection, first preference is given to certain candidates who have masters degree and in cases where both candidates have a masters degree, preference is given to candidates who have experience in legal practice.
Is the Jharkhand Judicial Service Exam held every year?
The frequency of the exam depends on the number of vacancies available each year. Normally, the Jharkhand Judiciary Exam is held every few years. Before 2023, the Judiciary exam of Jharkhand was held in 2018, and before that, in 2015. So, the trend so far suggests that the Jharkhand Judiciary exam does not take place every year but this may change depending upon the vacancies, so the candidates must always be prepared.
Will the Jharkhand Judicial Service exam be held in 2023?
Yes, the official notification has been released for recruitment to the post of Civil Judge (Junior Division) in Jharkhand Judiciary for the year 2023, which means that all aspirants should now rigorously continue their preparation. The dates for the exam will soon be announced.
What is the selection process like for Jharkhand Judicial Service?
The selection process is divided into three stages-
Prelims Examination,
Mains Examination, and
Interview.
Appearing in each of these stages after clearing the previous stage is compulsory to be eligible for the selection process.
What happens if there is a tie of marks between the candidates in final selection?
In case of a tie of marks between the candidates, the selection is based on the following preference order-
The person with a masters degree in law is given preference, after which
The person with experience in the legal profession will be given preference, after which
The person who is older in age will be given preference.
Is it necessary to join a coaching class for judiciary?
Each candidate has a method and style of preparation. Some require coaching, while others do not. It is perfectly okay to choose any of the two. If you are capable of teaching yourself and managing notes, self study is a great way to prepare for the exam. At the same time, various online coaching facilities are available that will help you with the exam right at your home without much trouble.
Lawsikho provides excellent coaching services for the judicial exam, and you should check it out if you want some help.
Words of motivation
The dream of becoming a judge is shared by many law students and graduates in India and all over the world. The road to this achievement requires a lot of hard work, smart work, dedication, and discipline. It is certainly not easy, but when you try and qualify this exam it will definitely be worth your effort and time. Believe in your strength and capacity. If you continue to strive and prepare for the exam, there is nothing that can stop you.
All the best!
Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.
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With the release of the Hindenberg Report, the Indian Governement has come under fire for its alleged role in supporting business tycoon Gautam Adani and his company, Adani Ltd. The role of shell companies allegedly linked to Vinod Adani, the elder brother of Gautam Adani, has been highlighted. This article explores the Indian legal provisions related to shell companies and provides solutions to the current problems faced in the Indian scenario.
What are shell companies
The lacuna of Indian legislation is that there is no current legal definition of a shell company. Neither the Companies Act of 2013 nor any other acts passed by the Indian Government speak of the definition of a shell company. Thus, to better understand the definition of a shell company, we can use foreign legislation, such as that of the USA. The US Code of Federal Regulations (CFR) Title 17 Chapter II Part 230 Section 405 specifies a shell company as a registrant other than an asset backed user, which has the following features:
No or nominal operations; and
Either:
No or nominal assets;
Assets consisting solely of cash and cash equivalents; or
Assets consisting of any amount of cash, cash equivalents and nominal other assets
Shell companies are thus only paper based companies that are only registered on paper and have no real life operations or assets, which are usually created for the sole purposes of tax evasion and money laundering.
An alternate definition can be drawn from the Organisation for Economic Co-Operation and Development, which defines a shell company as a company that has been registered and incorporated in an economy but does not operate any legal operations in the economy or if it does, only in a pass through capacity.
How are shell companies created
A shell company needs to be registered according to the rules and regulations of the country that it is set up in. Shell companies are usually created in countries with relaxed tax systems and strict privacy laws. This is the reason why countries such as Cayman Island, the British Virgin Islands, Switzerland, the Bahamas, and the United States (Wyoming, Nevada and Delaware) have lax incorporation requirements and strict privacy laws.
A shell company shall not be illegal as per law, but it becomes illegal when it engages itself in various illegal operations, such as:
Money laundering: The main objective of shell companies is to wash black money and convert it into white money. This black money is generated by various illegal activities such as the sale of narcotics, illegal gains, tax evasion, etc. The perpetrator of such illegal activities needs a method to store his black money in a safe way, which is provided through the operations of a shell company.
Tax evasion: People looking to save up taxes in their own country set up shell companies of their corporations in countries with lower rates of taxes. These companies also use shell companies to park their assets in the shell companies to avoid paying taxes on them. Thus, corporations can get away with paying lower taxes.
Ponzi schemes: Ponzi schemes are fake policies set up with the promise of delivering high gains to the investors in such schemes. These are set up to defraud investors of their money and thus the owners of such businesses are liable for fraud. Such business owners set up shell companies in the name of other persons and thus, when such schemes are discovered, it becomes really hard to actually discover the real persons behind the schemes.
Laws to punish illegal operations of a shell company
A shell companies engages itself in various illegal activities such as tax fraud, tax evasion, holding of assets under a false name,money laundering, fraud, etc. These companies would be held liable under various provisions, as follows:
Companies (Restriction on Number of Layers) Rules, 2017: These Rules were introduced to prohibit companies from creating an unlimited number of subsidiaries. The rule prevents a company from creating more than two layers of subsidiaries, which prevents the misuse of companies by diverting money or money laundering.
Cheating (Section 420, IPC): If the business of the company was fraudulent, such as the operation of a ponzi scheme, then the company would be liable under Section 420 of the Indian Penal Code, 1860, which defines cheating as fraudulently deceiving another person in order to induce that person to deliver a property.
Prevention of Money Laundering Act: Money laundering refers to the process of hiding the original illegal source of income and converting it to show that it accrues from a clean and legal source. This is done to avoid taxation, conviction and prosecution. This act of passing dirty money through a shell company and ‘cleaning’ it has been made illegal by the Prevention of Money Laundering Act, 2002.
Place of Effective Management (PoEM) Guidelines by the Central Board of Direct Taxes: In 2017, the CBDT issued PoEM Guidelines to effectively assess the place for effective management of a company and determine the country where tax liability is accrued. The main target of these guidelines was to bring shell companies having their major business operations and areas of interest in India but having been incorporated outside India to be brought under the tax liability in India.
Benami Transactions (Prohibition) Amendment Act, 2016: The Act prohibits any financial transaction done where consideration of the property has been made by a different person than the person under whose name the property has actually been transferred. The shell companies holding the assets of the corporation for the purposes of evading tax liability are liable under this Act.
What are the steps taken to prevent illegal operations of a shell company
Task Force on Shell Companies
As part of its campaign of weeding out black money, a ‘Task Force on Shell Companies’ in 2017 was set up by the Prime Minister’s Office under the joint chairmanship of the Revenue Secretary and Secretary, MCA. It was set up with a view to systematically stop the illegal money laundering operations by finding out the shell companies engaged in the same. Between 2018-2021 the centre identified 2,38,223 shell companies that will be struck off by the Registrar of Companies under Section 248 of the Companies Act, 2013.
Apart from this, around 3 lakh directors have also been disqualified for non-filing of financial statements or annual returns for a continuous period of the immediately preceding 3 financial years. The power to do the same has been given to the Registrar of Companies under Section 164(2)(a) of the Companies Act, 2013.
Lifting of Corporate Veil
A company is regarded as a separate legal entity in the eyes of the law and can sue or be sued in its own name. It is dependent upon human agents to function on its behalf, who may misuse this privilege and take advantage of it. To prevent this, the doctrine of lifting the corporate veil was first discussed in the landmark case of Salomon vs. A. Salomon and Co. Ltd. (1897), where the court observed that the doctrine allows to unmask the people having actual control of the company who have used the corporate veil as a camouflage to prevent liability from being incurred upon them.
It was held by the Supreme Court of India in Delhi Development Authority vs. Skipper Construction Co. (P) Ltd. (1996) that the doctrine of corporate entity was evolved to facilitate trade and commerce and the same cannot be used by human agents to carry out illegal activities in the name of the corporation. Thus, where the corporation has been used for the purposes of committing fraud or illegal operations, the Court would ignore the separate legal entity and the people having active control over the corporation would be held personally liable for the illegal acts.
Rule 25B of the Companies (Incorporation) Rules, 2014
With its recent drive to eradicate the existence of shell companies, the MCA has added a new rule that allows the Registrar of Companies to physically verify the existence of a company’s office. It was found that in several cases, companies were created by giving out false information about the registered office addresses, which served merely as a place for receiving of posts and no actual company existed in such a place.
Section 248 of the Companies Act, 2013
This section empowers the ROC to strike off the names of the companies that have failed to commence business within the first year of business or when the company has failed to conduct any business within the preceding two continuous years when the company has failed to obtain the status of a dormant company.
Other regulatory measures
The Indian Security Regulator, SEBI, regularly identifies and imposes trade restrictions on shell companies. The trading of all such identified companies is placed under Stage VI of the Graded Surveillance Measure (GSM), which imposes several restrictions on the companies.
Financial Action Task Force (FATF)
The Financial Action Task Force (FATF) was the first international agency in 2003 to set up beneficial ownership reporting requirements on a global level. These requirements were further refined by the agency in 2012, 2014, and 2019 and list the following practises to be followed by member countries:
Countries should ensure the existence of more than one mechanism (registry approach, company Approach and existing approach) to ensure that the information regarding the true location of a company is certified, or if not immediately, it can be certified in the near future by a competent authority.
Sharing of important financial information, such as financial and ownership records, among member states to help the global fight against financial crimes.
Conclusion
Shell companies are being used as a method to bypass the legal instruments put in place to keep illegal operations in check. There needs to be a stricter international agreement to solidify the prevention of illegal operations by such companies. Furthermore, countries that are providing tax havens and have lax incorporation rules should also tighten up their rules for incorporation, which would lead to fewer shell companies being formed for illegal purposes.
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Contract law under English jurisdiction provides a sturdy framework to make sure that agreements and contracts between the parties are enforced as per law. When a party or parties to the contract default in discharge of duties and liabilities, penalties and remedies under English contract law come to the rescue of the other party or parties that have been at the receiving end of such default.
One such remedy is the “concept of penalty” under English contract law, which plays a vital role in shaping the consequences of contractual non-adherence. The provisions of the penalty deter the parties from non-performance of the contract and make sure that the terms and conditions of the contract are legally complied with.
A penalty in English contract law is said to be a provision that deters the opposite party from default and punishes the opposite party in the event of a breach of contract.
Objectives of penalty provisions
The primary goal of inserting penalty provisions in English contract law is to deter breaches of contract by creating a financial constraint for non-performance of contract. These provisions provide a tool of security to the party that is victimised by the breach of contract.
The primary purposes of inserting penalty provisions are to create a financial disincentive for the party that may breach the contract, protect the legitimate interests of innocent parties, ensure certainty of consequences in the event of non-performance of contractual obligations, and encourage parties to meet their contractual obligations.
Enforceability of penalty provisions
Historically, penalty provisions were considered void under English contract law as they were an unfair obstruction to the freedom of parties to the contract. Generally, penalty provisions in English contract law are unenforceable and if any clause is found to be a penalty, then it would be unenforceable. The English courts were of the view that punitive provisions that impose an excessive financial burden on the party who breaches the contract.
In disharmony with other jurisdictions, English contract law does not recognise punitive or special damages to the party victimised by the breach of contract. The clauses in the contract, if found to appear as penalties against the other party, shall not be enforceable under English contract law by courts or otherwise.
In this case, the Supreme Court marked two principles for the enforceability of penalty clauses:
The legitimate interest principle: A clause will not be considered a penalty if it safeguards the legitimate interest of the innocent party and is not excessive concerning the consequences of the breach.
Proportionality: The penalty must be proportionally equal to the breach, keeping in view the loss suffered by the innocent party.
In this case, the Supreme Court of the UK held that a clause providing for a considerable reduction in the purchase price of shares upon breach of a non-compete clause is not a penalty but predetermined damages for the losses suffered.
The ParkingEye case
In the ParkingEye case, the Supreme Court of the UK reaffirmed the principles established in the Cavendish Square case. Although the Court this time expanded the application of principles outside the realm of commercial contracts. In this case, the Lordships held that a parking charge imposed on a vehicle for overstaying and exceeding the free parking time was not a penalty but a reasonable tool to manage parking spaces and hence it is enforceable.
The above-mentioned cases have established principles to determine the enforceability of penalty provisions. Based on the above set principles, English courts determine whether the penalty is proportionate to the breach and whether it protects the genuine and legitimate interests of the innocent parties.
Remedies and penalties
To understand the enforceability of contracts, it is important to understand certain remedies and penalty provisions that have been provided in English contract law, which are the following: –
Liquidated damages
According to English law, liquidated damages are a predetermined amount of money that a party that is at fault for breaching the contract has to pay to the innocent party. The purpose of inserting a clause for liquidated damages is to specify a particular amount of money to be paid to the innocent party in the event of a breach of contract and avoid the need for the innocent party to prove the actual amount of damages they suffered due to the fault of the breaching party.
For example, you have hired a private contractor to construct a house for you and in the contract, you have inserted a clause that “if the construction is not completed before the deadline agreed upon, then in that case the contractor has to pay you damages at the rate of 500 pounds per day”, If the construction is completed ten days after such a deadline, then the contractor is liable to pay you 5000 pounds as damages.
This clause provides clarity and predictability to the contract, as the innocent party knows the amount of damages they will receive in case of breach, and the party responsible for performance is aware of the financial disincentive they will incur if they don’t meet their obligations.
Liquidated damages clauses are not punitive in nature and they are enforceable as per English law. While inserting a liquidated damages clause in a contract, it shall be made sure that damages are genuine estimations of the damages likely to occur in case of breach, and they shall not be excessive or punitive.
Specific performance
Specific performance of a contract is a remedy available to the innocent party in an English contract in which the innocent party, with the help of court intervention, compels the breaching party to perform their obligation, which they would have done if the contract had not been breached by them.
While intervening, the court enjoys wide discretionary powers to decide whether to compel or not the other party to perform a specific performance of the contract based upon the unique facts and circumstances of the matter in concern.
Injunctions
Injunctions are court orders in which a court prohibits a party from doing certain acts or compels them to specifically perform some acts relevant to the contract between the concerned parties.
An interim injunction, as called in UK, is of two types, namely-
Prohibitory injunction- In this type of injunction, the court orders a party to the contract to refrain from doing certain acts.
Mandatory injunction- This is a type of injunction in which a court compels a party to perform a specific obligation relevant to the contract that exists or existed between the concerned parties.
Recession of contract
Rescission of contract is a remedy available to the innocent party when there is a fundamental breach of contract or the contract was entered into with the aid of fraudulent means and misrepresentation. It allows the innocent party to cancel the contract and be released from their obligations.
Restitution
Restitution refers to a remedy in which parties are restored to their original positions, which existed before the contract was entered into. It involves returning any benefits, profits or payments made according to the contract.
Penalty provisions vs liquidated damages
It is crucial to understand the difference between clauses of liquidated damages and clauses of penalty provisions inserted in a contract to draft contracts properly and make them legally enforceable.
While penalty provisions are punitive in nature and their purpose is to punish the party in breach, liquidated damages are a genuine, predetermined amount of money that would likely incur a loss to the innocent party in case of breach.
Impact of penalty provisions on English Contract Law
Categorically speaking, law evolves over time and legislation and decisions by courts have a long-term impact on the interpretation and application of contract law. The evolving approach to English contract law has provided parties with more flexibility in drafting contracts and agreements.
The ability to include penalty clauses that are justified and legal protects the legitimate interest of the innocent party and keeps a check on cases of breach of contract. It promotes contractual certainty and encourages parties to abide by their contractual obligations.
Conclusion
Penalty provisions under English contract law serve as a vital tool to keep the obligations of parties intact. Penalty provisions have been historically unenforceable but the Supreme Court, in its recent decisions, has taken a more nuanced approach to the enforceability of penalty clauses in contracts.
Understanding penalty provisions is vital for both crafting legally enforceable contracts and navigating potential breaches of contracts and disputes. Staying informed about the latest legal developments is vital for crafting effective and legally enforceable contracts.
According to me, the goal of inserting penalty clauses in contracts should be to safeguard the legitimate interests of the innocent party and ensure proportionality. While drafting contracts, parties must make sure to strike a balance between deterring breaches and avoiding penalty clauses that seem unenforceable. Seeking advice from an experienced legal practitioner is advised.
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In the case ofBharat Sanchar Nigam Ltd. vs. M/S Nortel Networks India Pvt. Ltd. (2021), through a tender process, Bharat Sanchar Nigam Ltd. (BSNL)granted a purchase order to Nortel Networks (Nortel). BSNL deducted an amount from the payment to account for some liquidated damages and levies. Nortel filed a payment claim, which was denied by BSNL.
After five and a half years of rejection of the claim by BSNL, Nortel invoked the arbitration clause in their agreement and requested the appointment of an arbitrator to resolve the payment deduction dispute. BSNL stated that the case had been closed by that time and that such a request couldn’t be accepted because Nortel had slept on its rights. Nortel filed a Section 11 of the Arbitration and Conciliation Act, 1996, application before the Kerala High Court, and the case was referred to arbitration. BSNL unsuccessfully requested a judicial review of this decision by filing an appeal before the Supreme Court.
Issues before the hon’ble Supreme Court
What is the limitation period for filing an application under Section 11 of the Arbitration and Conciliation Act, 1996, and when does it commence?
Whether the Court can refuse to appoint an arbitrator on the grounds that the underlying claim(s) is ex-facie time barred?
Judgement of the Court
The Hon’ble Court first looked into many sections under the Act highlighting the importance of limitation periods in arbitration, such as Section 8, Section 9(2), Section 13, Section 16(2), and Section 34(3) of the Act; various other provisions enacted by the 2015 Amendment Act; and the Commercial Courts Act, 2015, enacted concurrently with the 2015 Amendment Act for the prompt resolution of high-value commercial disputes. In response to the first issue, the court noted that expediency is crucial in arbitration, as Section 11 of the Arbitration and Conciliation (Amendment) Act, 2015, mandates the court to dispose of applications within a period of 60 days from the date of service of notice on the other party. However, Section 11 does not specify a time limit for filing an application.
The Court observed that Section 43 of the Act expressly states that the Limitation Act of 1963 is applicable. The Supreme Court previously ruled that, by virtue of Section 43, the Limitation Act applies to all proceedings (court and arbitration) under the Act, unless expressly excluded. All residual matters are covered by Article 137 of the Limitation Act. It specifies a three-year limitation period beginning on the day the right to apply is granted. In the absence of a provision establishing a time limit for Section 11 applications, the residual provision of the Limitation Act, i.e., Article 137, is held to apply.
The Supreme Court reaffirmed that the limitation period for substantive claims arising from contracts differs from the one for filing a Section 11 application. The limitation period for the latter begins on the date of the refusal of a request to appoint an arbitrator or on the expiration of 30 days from such a request, whichever is earlier. However, the Court also stated that a three-year limitation period for filing a Section 11 application is excessively long. The Act has been amended twice, in 2015 and 2019, to ensure the efficiency of the process, and thus this lengthy period is contrary to the intent of the Act. It has been recommended by this hon’ble court to the legislature to introduce the limitation period in Section 11. But for now, the court held that the application for arbitration under the section was filed within limitation.
In response to the second issue, the court first examined the objective behind introducing Section 11 and noted that before the 2015 Amendment Act, by virtue of its decisions inS.B.P. & Co. vs. Patel Engineering Ltd. and Anr. (2005)and National Insurance Co. Ltd. vs. Boghara Polyfab Pvt. Ltd. (2008), the court/appointing authority had an expanded scope of power for appointing an arbitrator and settling issues at the pre-reference stage. At this stage, the courts could go beyond the mere existence of the arbitration agreement. Following that, the 2015 Amendment Act was passed to insert Section 11(6A), which provides that if there is no issue regarding the existence of the arbitration agreement, then all other issues would be decided by the arbitral tribunal. This was in accordance with the doctrine of kompetenz-kompetenz, which enables the tribunal to decide its jurisdiction, including any questions regarding the legality of the arbitration agreement, thereby minimising court involvement at the pre-reference stage. As a result, the scope of the Section 11 examination became restricted to the existence of an arbitration agreement.
While adjudicating, the Hon’ble Court also examined various precedents in which sub section (6A) came up for consideration, such as M/S Duro Felguera S.A. vs. Gangavaram Port Ltd. (2017), in which the Apex Court held that from a reading of Section 11(6A), the legislature’s intention was apparent, i.e., the court should only inquire whether there is an arbitration agreement or not. It was observed that the scope of Section 11(6) of the 1996 Act was broad in light of the decisions in SBP and Co. and Boghara Polyfab, and this position was maintained until the amendment was made in 2015. However, following the amendment, all the courts are required to examine only one question, i.e., the existence of an arbitration agreement. The court also considered the subsequent amendment proposed in Section 11 of the Act by way of the Arbitration and Conciliation (Amendment) Act, 2019, which resulted in Section 11(6A) being omitted once the amendment was notified. The Supreme Court also cited the three-judge bench decision in Vidya Drolia vs. Durga Trading Corporation (2019) on the scope of power under Sections 8 and 11, which ruled that “the court must carry out a primary first review to rule out undoubtedly ex facie non-existent and invalid arbitration agreements or non-arbitrable disputes.” It was observed that the court might reject the reference if it was sure that no valid arbitration agreement had existed or that the subject matter was not arbitrable.
In light of the aforementioned judgements and settled legal principles, the court found that the court could decline to make reference only in cases where there was no uncertainty as to whether the claim was ex-facie time-barred or the dispute was non-arbitrable. But if there is a probability of uncertainty, the rule is to refer the disputes to arbitration, lest it encroach on what is essentially a matter for the tribunal to decide.
Therefore, in the light of the above-mentioned judgements, legal principles, and statutes, since there was a delay of 5 1/2 years after BSNL’s rejection, it was determined that Nortel’s claim was ex-facie time barred, and thus the Section 11 application was rejected. The Court observed that limitation is a matter that is both legal and factual in nature. As a result, determining limitations falls under the purview of an arbitral tribunal. The Court also distinguished between jurisdictional issues, which concern the authority of the arbitral tribunal to decide the case, and admissibility issues, which concern the nature of the claim or related circumstances such as mandatory requirements prior to arbitration, the claim being time-barred or prohibited, and so on, but do not involve a challenge to the tribunal’s jurisdiction.
The Court also mentioned its recent and historic decision in Vidya Drolia v. Durga Trading Corporation (2020). It was held that the court may refuse to refer the case to arbitration only if it is certain that the subject matter is not arbitrable or that no arbitration agreement exists. This was not meant to be interpreted as a revival of the pre-amendment position, but rather as a means of removing deadwood.
Analysis of the the judgement
In this decision, the Supreme Court upheld the fundamental principles of arbitration, namely, speedy resolution of the dispute and minimalistic judicial intervention. Article 137 of the Limitation Act ensures that parties do not sleep on their rights and claims, as the law does not grant relief to those who do. As stated in the Preamble, one of the primary objectives of the Arbitration Act is to reduce the role of the court in the procedure of arbitration.
This goal was overlooked when the Supreme Court delivered its verdict in SBP & Co. vs. Patel Engineering (2005). Fortunately, in Duro Felguera SA vs. Gangavaram Port Ltd. (2017), the Supreme Court overruled this decision, acknowledging the legislative objective behind the Arbitration Act and restricting judicial participation at the recommendation stage. This decision reaffirmed the principle established in Duro Felguera (above), and the court’s power to take part in arbitral proceedings at the recommendation stage was restricted. This will undoubtedly help to streamline the arbitration process and represent India as an arbitration-friendly country.
In it’s notice of arbitration, Nortel said the time limit for referring to arbitration will be extended on the basis of the parties’ discussions about the controversy. On the basis of communication between BSNL and Nortel and negotiations regarding settlement, the Supreme Court rejected Nortel’s claim of an extended limitation period. As a result, no pleadings were submitted on the ground of extending the limitation period under the Limitation Act. According to the Supreme Court, Nortel’s claims are presumptively barred since the request to appoint an arbitrator was filed more than 5 years after Nortel’s claims were rejected by BSNL.
Conclusion
The Supreme Court’s decision is a progressive step towards delivering crucial clarification on Section 11 of the Arbitration and Conciliation Act, 1996, of the jurisprudence, especially in light of the numerous decisions and changes to the statute itself. The court has made it clear that only exceptional circumstances warrant involvement at the Section 11 stage. However, given the Vidya Drolia decision, in which the court equated examination under Section 11 of the Act with review under Section 8 of the Act, a well-defined and concise explanation from a larger bench is still required.
In addition, the Apex Court correctly observed that the 3 year limitation for applying Section 11 of the Act, as provided by Article 137 of the Limitation Act, is excessive. It is often seen that obstinate parties take advantage of the long statute of limitations, so reducing the time limit for applying Section 11 of the Act would be extremely beneficial under the Indian arbitration regime.
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What if you get arrested and don’t know the grounds under which you have been arrested? Definitely, it would hinder you from getting justice, which is a gross violation of the law. To prevent such a circumstance, Sections 211 to 215 of the Code of Criminal Procedure, 1973 ensure that the accused person is informed of the offences or matters for which he or she is arrested so that the person can prepare their side of defence for the trial. Sections 215 and 464 deal with the effect of errors in the charge form.
What is a charge
Section 2(b) of the Code of Criminal Procedure, 1973 states that “charge includes any head of the charge when the charge contains more than one head”. However, this definition is an inclusive definition, i.e., it tells what all can be brought under the purview of the term charge and doesn’t explain the meaning of the same. The term charge, in simple terms, is informing the accused person of the offences/grounds under which he/she has been charged, so that the accused can get knowledge of the matter for which he/she has been arrested and can prepare the defences for the same. The framing of charges is a crucial step as it determines the course of the case further. Section 211-214 gives explicit directions as to how a charge form needs to be drawn. For instance, the Himachal Pradesh High Court held in the Court On Its Own Motion vs. Sh Shankroo (1982), that mere mentioning of sections without stating the substance in the charge form is a serious breach of procedure. However, if the offence charged in the charge form is clearly described in any of the existing laws, then that description alone is sufficient to give sufficient information regarding the offence framed in the charge form and doesn’t require any additional description, as decided by the Allahabad High Court in the case of Bashir vs. State (1953).
Contents of charge
The section deals with the contents/ essential components required to constitute a charge form under CRPC. The essential components includes the name of the offence charged against the person, in case the name of the offence is clearly mentioned in any laws the same shall be used, however if no such offence is mentioned in any law the offence should be clearly described in the charge form, it is also mandatory to mention the exact law and section under which the offence is charged, it is also pertinent to note that the charge made is equivalent to a statement fulfilling every legal condition required by law to constitute the offence charged in a particular case, the charge form should be written in the language of the court, if the the accused had been convicted previously for any offence then the accused would be liable for enhanced punishment for the subsequent offence . In the case of Ajit Kumar Saha vs. State of West Bengal and Ors. (2011), the Calcutta High Court set aside the case on grounds that the charges framed by the magistrate in the material on record did not show a prima facie case, to which the court held that no mind was applied by the magistrate in the case.
An overview of Section 212 CrPC
This section deals with particulars of the date and time of commission of the alleged offence, the person against whom the alleged offence was committed, the reason/motive behind the commission and other such things (if any) that are required for the purpose of giving the accused a better understanding and clarity of the offence/matter charged against him.
If the accused has been charged under criminal breach of trust or dishonest misappropriation of money or other movable property, in that case the accused would be given a notice of the gross sum of money or describe the movable property. However, the exact date for the commission of the offence and particulars of the items need not be given and only a rough time period for the commission of the alleged offence needs to be mentioned. The charge so framed will be deemed to be a charge of one offence applicable under Section 219 of the CrPC. In the case of Banamali Tripathy vs. King Emperor (1942), the Patna High Court held that in cases where the exact date of commission of an offence is impossible to state, a period between two particular dates can be mentioned in the charge.
Provided that the time included between the first and last of such dates shall not exceed one year.
An overview of Section 213 CrPC
The section asserts that in cases where the particulars mentioned in Sections 211 and 212 do not provide the required clarity/ on the matter charged against the person, then particulars related to the manner of commission of the offence need to be given to the accused for that purpose. For example, in cases related to giving false evidence or obstructions caused to the public/public servants, the manner of commission of the offence is mentioned along with Sections 211 and 212 for the accused to have sufficient notice about the offence charged against him, whereas in cases related to theft or murder, the same is not required.
An overview of Section 214 CrPC
This section emphasises the importance of selecting an appropriate word while framing a charge form, i.e., words used for describing the offence in the charge form should have the same meaning attached to them by the respective law under which such an offence is punishable. The same has been stated by the Kerala High Court in the case of Radha Sasidharan vs. State of Kerala (2006), where the Court held that in every charge, words used in describing an offence shall be deemed to have been used in the sense attached to them by the law under which such a submission is punishable.
Effect of error or omission under CrPc
Section 215- Effects of errors
The section states that even if there are errors or omissions in stating either the offence or the particulars in the charge form of the alleged offence, they won’t be considered material/relevant at any stage of the case until it is proved that such an error or omission has completely misled the accused and has reached such an extent of failure of justice. The idea behind this section is to prevent the failure of justice on account of a mere technical breach of rules. In the famous case of Eshwaraiah vs. State of Karnataka (1994), two accused were charged separately for the offence of murder in furtherance of common intention by the Supreme Court of India. However, in the charge form of one accused, the name of the other accused was not mentioned, but the charges were read over to each of the accused in the presence of each of the accused and their advocates. The Court held that the irregularity made in the case is only a mere one and doesn’t provide any ground for misunderstanding or failure of justice.
Section 464- Effect of omission to frame, absence of, or error in charge
The section states that no order or decision given by the competent jurisdiction shall be held invalid merely on grounds that no charge was framed or that the charge frame was based on errors, omission,irregularity or other sorts, unless the competent jurisdiction is of the opinion that such a mistake would lead to a failure of justice. However, if the court is of the opinion that any such mistakes were made, then the court would order the framing of a new charge and would order the trial to be recommenced from that point immediately after the framing of charges or direct for a new trial based on the new charge framed. Provided that if the court is of the opinion that the facts of the case are such that no valid charge could be preferred against the accused, the conviction shall be quashed. In the case of Bharwad Mepa Dena and Anr. vs. The State of Bombay (1959), the Supreme Court held that any mere error, omission or irregularity in the charge will not invalidate the finding as a matter of law in the absence of prejudice to the convicted person. In the case of Tulsi Ram vs. State of UP (1962), the Supreme Court held that the charges framed against the accused will be considered proper if the accused fails to bring to the notice of the court that they were misled regarding the materials of the charge at the appropriate stage.
Conclusion
Through this article, we were able to understand the concept of charge under the Code of Criminal Procedure Code, 1973, and the contents/essential requirements of charge, such as the requirement to state the name of the offence with which the accused is charged the exact name of the offence if mentioned in any of the existing laws the related law and section under which the offence comes under and other criteria related to the contents of the charge in such a way that the person against whom the charges have been registered gets a clear notice about the offence under which the offence comes under and other such criterias related to the contents of the charge in such a way that the person against whom the charges have been registered gets a clear notice about the offence under which he/she have been arrested and so that they can prepare their defences. The effect of errors related to charges and the various case laws related to the sections were also discussed.
Ratanlal and Dhirajlal, The Code Of Criminal Procedure, Twenty Third Edition
S.N. Mishra, The Code Of Criminal Procedure, 1973, Twentieth Edition
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In the booming era of the commercial world, India has paved the way for new startups, business ventures, small firms to big firms, and newly established companies to run their businesses in one or another way. India has over 61,400 startups recognised by the Department for Promotion of Industry and Internal Trade (DPIIT), with at least 14,000 recognised during fiscal 2022, according to the Economic Survey 2021-22. Effective contract laws are essential for providing legal force to business operations on a daily basis for major commercial contracts like sale and purchase agreements, joint venture agreements, distribution agreements, service contracts and many others.
While entering into any contract, it is important to satisfy all the essentials of the contract as per the Indian Contract Act of 1872. Commercial contracts are not an exception to this facet. Commercial contracts are governed as per the Indian Contract Act 1872, subject to specific legislation. Along with this, in commercial contracts, parties must ensure about important clauses like governing law, force majeure, confidentiality, indemnification, dispute resolution, etc. All these legal nuances play a crucial role in the enforcement and validity of contracts. This article has emphasised the major legal compliances and nuances to avoid future disputes or any possible conflicts that may arise between the parties.
Development in technology has opened the door to entering new modes of contracting, like e-contracts. It has been gaining importance due to advancements in the digital world. These contracts are cost effective, less time consuming and offer a remote mode of entering contracts. But parties must ensure legal compliance and nuances before entering into any type of contract. Thus, in the corporate world, commercial contracts are a profound tool for managing effective and legitimate business transactions within and outside the country.
Meaning and definition
As per Section 2(h) of the Indian Contract Act, “an agreement enforceable by law is a contract.” In general, a contract is an agreement of voluntary arrangement between two or more parties that outlines their rights, obligations, terms and conditions.
According to the Cambridge dictionary, a commercial contract is a legal agreement between businesses. In general, commercial contracts are agreements between the parties that specify the activities of the business by outlining the terms and conditions of the agreements, including pricing, governing laws, intellectual property, dispute resolution, quality standards and others, depending on the nature of each business transaction.
Major types of commercial contracts existing in India
Commercial contracts act as a bridging tool for balancing business affairs by following effective drafting and negotiation between the contracting parties. In India, there are many kinds of commercial transactions. Some of the major commercial contracts that are commonly in practice are as follows:
Sale and purchase agreements
Collectively known as sales and purchase agreements Every business is involved in day to day sales and purchase transactions. This agreement is commonly used in commercial transactions and outlines the sale and purchase rights, obligations, terms and conditions of the buyer and seller. SPA typically covers descriptions of the goods for sale/purchase, ownership, pricing, warranties, delivery, payment terms, and any other conditions as required in such agreements. SPA is governed by the Sale of Goods Act of 1930, subject to other required enactments.
Service agreements
Service agreements are a type of commercial agreement between a service provider and a client or customer. This agreement outlines the terms and conditions prevailing for such a service. This agreement is commonly practised in various industries, including IT services, marketing, maintenance and others. These agreements include the duration, service fee, terms and conditions, governing laws, service metrics and other specific needs.
Distributor agreements
Distributor agreements mainly deal with the distribution of products and services from manufacturer to distributor. It plays a very important role in commercial transactions. Before entering into this contract, it is very expedient to know about the suitability of exclusive and non exclusive distribution.
Joint venture agreements
Joint venture agreements are known as ‘JV’ agreements, in which two or more parties collaborate with each other for any business venture or any project. Joint venture agreements are commonly used when two or more entities pool their resources, capital and expertise to achieve the targeted goal. This agreement specifies the terms, conditions, obligations, duration and rights of the parties.
Other than these, there are many other commercial agreements that play a crucial role in commercial transactions. These include non disclosure agreements, franchise agreements, shareholder agreements, employment agreements, licencing agreements, partnership agreements and many others.
Commercial contracts and legal nuances
Commercial contracts in India are governed by various laws. Parties must ensure the fulfilment of all legal compliances and nuances before entering into legally binding agreements. Some important legal nuances one needs to consider are as follows:
The Indian Contract Act 1872- In order to make a valid contract, it is compulsory that the contract fulfil the essential elements as stated under Section 10 of said Act. That includes a valid offer, acceptance, consideration, competency of the parties, object of the contracts, free consent of the parties, and an agreement not declared void. The Indian Contract Act is the primary legislation that governs all contracts, from commercial to e-contracts in India.
In addition to general contract law, specific legislation plays a crucial role in the enforcement of commercial contracts. There are several legal nuances to consider while entering the contract on the basis of specific legislation. That includes:
Consumer Protection Act 2019- If a commercial contract entered into by the parties involves consumers, the provisions of the Consumer Protection Law will apply. While drafting such contracts, parties must be aware of the recently amended provisions of the Consumer Protection Act of 2019. The Consumer Protection Act clearly specifies the rights of consumers.
For instance, in a distributor agreement, while fixing ‘Product Liability’ under Section 82 of the said Act, it is very important to ensure the liability of the manufacturer or seller of the product in the case of any ‘harm’ caused to the consumer due to a ‘defective product’.
Sale of Goods Act 1930- This Act is the major tool for entering into any commercial transactions relating to sale and purchase agreements. This specific legislation outlines the formation of the contract between the seller and buyer whenever sale transactions arise, the transfer of ownership and title of the goods, conditions and warranties, implied terms for sale, etc., which play a very important role in drafting any contract under this legislation.
Partnership Act 1932- While drafting any agreements between the partners under this Act, it is expedient to know about the formation, duties, and liabilities of the partner, along with the provisions of dissolutions of partnerships, which play a crucial role in enforcing such contracts. While drafting, parties must ensure the mode of dissolution under said Act.
Companies Act 2013- If the commercial contracts are based on the said Act, it is important to consider the provisions of the Act, which include corporate governance, share capital and shares, shareholder rights and protection, penalties and enforcement, and CSR, which plays a major role in validating such commercial contracts.
Other than these, there are many specific laws governing commercial contracts in India, like the Industrial Dispute Act of 1947, The Real Estate (Regulation and Development) Act of 2016, the Specific Relief Act of 1963, etc. While drafting any commercial contracts, it is very important to consider the legal nuances that are involved in the provisions of enacted legislation to avoid future legal issues.
Major clauses of commercial contracts
The clauses of the contracts are considered the determined standards that enable the parties to know about the rights, obligations, terms and conditions of the contracts. In commercial contracts, while drafting and negotiating the clauses, parties need to be very cautious about the nuances of each clause. In commercial contracts, clauses are divided into introductory, operative and boilerplate clauses. Some of the major clauses in commercial contracts are as follows:
Confidential clause- The word ‘confidential clause’ itself states about the confidential information of the disclosing party to the contracts. Hence, it is the duty of the receiving party to protect such confidential information. This clause has to be drafted by considering the definition, scope of confidential information and obligations, along with exceptions provided to other parties.
Representation and warranties clause- The representation clause has to be drafted by considering the identity of the parties, financial standards, expertise or specific details as disclosed by the party. The warranty clause gives assurance regarding the accuracy of the disclosed information, facts and conditions of the contracts.
Indemnification clause- This clause offers protection against losses in commercial contracts. Thereby, it allocates responsibility for certain damages and losses. While drafting, it is important to consider who has to indemnify whom. It has to be properly negotiated to avoid any future legal complications. The indemnified party is entitled to recover certain types of losses, such as attorney’s fees, which are not typically recoverable under a common law cause of action.
Force majeure clause- The parties to the contract have started including terms such as ‘epidemic’ and ‘pandemic’ within the definition of a force majeure event in order to avoid any issues arising as a result of the COVID-19 pandemic. While embedding this clause, it is important to consider the circumstances of force majeure.
Dispute resolution clause- Almost every commercial contract includes this important clause talking about dispute resolution. While embedding this clause, it is important to mention the method and the place of dispute resolution. If any dispute arises in relation to the subject matter of the contract, the parties refer to this option for solving disputes without any delay.
Other than those mentioned above, while drafting commercial contracts, some other clauses need to be considered, like title, nature, recitals, intellectual property protection, governing laws, notices, and other clauses that solely depend on the circumstances and factuality of each contract.
Importance of negotiation in execution of commercial contracts
While negotiating any contract, it is important to consider future success, not short-term wins. In commercial contracts, negotiation must create a win-win situation for both parties. Hence, while negotiating, it is important to consider and protect both parties’ opinions and interests for future success. Negotiation is the bridging tool that balances every corner of the contract. In commercial contracts, the operative clauses are negotiated as per the requirements and convenience of the both parties.
Advancement in commercial contracts
As an advancement in the digital world, everything is done and dusted through the e-platform. Contracts are not an exception to this platform. Emerging technology has proved that traditional contracts can be diverted from a physical to an online, paperless mode. These contracts are less costly and less time consuming. Most of the business and corporate sectors pursue these modes of contracting. Especially in commercial contracts, the time and cost of the contracts are very important to standardise business management. The Indian Evidence Act of 1872, the Indian Contract Act of 1872, and the Information Technology Act of 2000 have provided validity, enforceability and legal recognition to e-contracts in India. Section 10A of the Indian Contract Act states that a contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means were used for that purpose. Along with it, e-contracts must satisfy all the essentials of Section 10 of the said Act.
While entering into e-contracts parties must ensure legal nuances and requirements to validate such contracts. While entering into e-contracts it is important to ensure the e-signatures, place of execution, terms and conditions, scope and duration of such contracts, and exceptions to e-contracts. There are various other necessary elements to be considered while entering into these agreements, like data protection, online security, verifications, authentication, etc., before entering into these contracts. Otherwise, it will cause huge losses to the contracting parties because of online fraud, cybercrimes, hacking, identity theft and many other related issues.
Conclusion
Commercial contracts play a crucial role in the management of the day to day affairs of various corporate sectors. In order to be enforced and executed legally, it must be well drafted and negotiated by following each and every nuance of such contracts. Further, it is very important to comply with the requirements for each kind of commercial contract subjected to the provisions of such legislation on that behalf.
There too arise major challenges like protection of good faith, difficulty in enforcement due to the existence of multiple languages in India, comprehensive legislation, cross border issues, a lack of specific legislation with regard to e-contracts enforcement and many others. Thus, in order to give proper legal recognition and enforcement to commercial contracts, it is important to consider every nuance of the contract for its enforcement. Otherwise, there may be a chance of diverting opinions, conflicts and future deviations, which often lead to the termination of such contracts without accomplishing their objective. Therefore, before entering into legally binding commercial contracts, parties must ensure each and every legal nuance of such contracts.
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