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This article is written by Harshit Bhimrajka currently pursuing B.A.LLB (Hons) from NLU, Patiala, and it discusses the Sikkim judicial service examinations providing a guide for the same.

Introduction

The Sikkim judicial service examination is conducted every year by the Sikkim High Court – Gangtok for filling vacant posts of Civil Judge ­and ­Judicial Magistrate. The notification is published on the High Court’s official website at : www.highcourtofsikkim.nic.in and/or the website of the Sikkim public service commission (If the exam is conducted by the PSC) at Sikkim Public Service Commission.

Eligibility and age limit: Sikkim judicial service civil judge exam

  1. Candidate must be a citizen of India.
  2. Candidate must be a holder of a degree in law, granted by a University established by law in India.
  3. Candidates must not be more than 35 years of age as on the last date fixed for receipt of applications.
  4. Candidates must be able to communicate in Nepali or any other language of the state.
  5. Candidates must have adequate knowledge of computer applications to be tested at the time of viva-voce.

Recruitment to the post of Civil Judge-cum-Judicial Magistrate (Grade-III) is done in two stages. (Preliminary screening exam may be held in case of a higher number of applicants.)

The competitive examination shall consist of:

(i) Written examination

(ii) Viva-voce (Personal interview)

Syllabus for Sikkim judicial service main exam for Civil Judge and Judicial Magistrate posts

Paper-I: procedural law, local laws

Code of Civil Procedure, Code of Criminal Procedure, Indian Evidence Act and Limitation Act.

Local Laws.

(A) Property laws

  1. Notice dated 2nd January 1897 relating to transfer of land by Bhutias and Lepchas.
  2. Revenue Order No. 1 dated 17th May, 1917.
  • Notice No. 660/G dated 21st May, 1931
  • Notice No. 669/G dated 21st May 1931
  1. Sikkim Darbar Gazette Vol. XVIII No. 11 dated 21st April, 1969 Right of a woman to purchase or sell land after her marriage vis-à- vis Revenue Order No. 1 of 1917.
  2. O. O. No. 105/L.R. dated 25th February, 1961.

(B) Registration laws

  1. Notification No. 385/G dated 11th April, 1928 (Regarding Registration of Documents).
  2. Notification No. 2947/G dated 22nd November, 1946 (Regarding Registration of Documents).
  3. Sikkim State Rules Registration of Documents 1930.

(C) House rent and eviction laws

  1. Notification No. 6326-600/H&W-B dated 14.04.1949 Regulation of Letting and Sub-letting of Premises etc. (Health & Works Deptt.).
  2. Gangtok Rent Control & Eviction Act 1 of 1956 dated 31st May, 1956.
  3. The Sikkim Public Premises (Eviction of Unauthorized Occupants and Rent Recovery) Act, 1980.

(D) Land laws

  1. The Sikkim Cultivators Protection Act, 1985.
  2. The Sikkim Land (Requisition & Acquisition) Act, 1977 (1 of 1978).
  3. Notification No. 1209/L&F dated 25th May, 1950 (Regarding formulation of Substantive Law for Land in Sikkim).
  4. The Sikkim Regulation of Transfer of Land Act, 2005.

(E) Court fee and Stamp laws

  1. Sikkim Court Fees and stamp on Documents Rules dated 30.03.1928 (Amended schedule).
  2. Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983.

(F) Adoption laws

Notification No. 2341-4/G dated 17th June, 1930 (Regarding Adoption of Heir).

(G) Civil Courts Act

Sikkim Civil Courts Act, 1978.

(H) Municipal laws

  1. Sikkim Shops and Commercial Establishment Act, 1983.
  2. Sikkim Allotment of House Sites and Construction of Buildings (Regulation and Control) Act, 1985.

(I) Interpretation and General Clauses Act.

Sikkim Interpretation and General Clauses Act, 1978.

(J) Other local laws

  1. The Sikkim Anti Drugs Act, 2006.
  2. The Sikkim State Legislator’s Appointment to Different Authorities Act, 2006.
  3. The Sikkim State Public Services Act, 2006.

(K) Notification on issuance of certificate of identification

Notification No. 66/Home/95 dated 2nd November, 1995.

(L) Rural Indebtedness Act

Sikkim Rural Indebtedness Act, 1966 dated 23.9.1966, Notification No. 845/II dated 20.08.1968 issued under the Sikkim Rural Indebtedness Act, 1966.

(M) Language test

Nepali or any languages of the State.

Paper-II: Substantive law

  1. Hindu Law,
  2. Indian Contract Act,
  3. Sale of Goods Act,
  4. Partnership Act,
  5. Specific Relief Act,
  6. General Clauses Act,
  7. Transfer of Property Act,
  8. Indian Penal Code and Constitutional Law of India.

Note: Each paper shall be of three hours duration and shall carry 200 marks each.

Viva Voce: Personal interview

Viva–voce will carry 100 marks.

No candidates appearing for the Sikkim Superior Judicial Service Examination shall be qualified to appear for viva-voce unless a candidate secure minimum 40% marks in aggregate and each paper respectively:

(i) Only such number of candidates shall be called for viva-voce as shall obtain the highest marks in aggregate of both the papers in the written examination, up to the extent of five times of the number of posts as specified, in the advertisement inviting applications.

(ii) Selection of candidates shall be made on the basis of the aggregate marks obtained in the examination and viva-voce.

There is no specified syllabus for Viva-Voce but the interview is intended to supplement the written examination for testing the general and specialised knowledge in law & other subjects as well as the abilities to solve the problem during the course of work.

The Board will pay special attention to assess:

  • intellectual curiosity,
  • critical powers of assimilation,
  • balance of judgment and alertness of mind,
  • the ability for social cohesion,
  • The integrity of character initiative, and
  • capacity for leadership.

The candidate will be expected to have taken an intelligent interest not only in his/her subjects of law but also in events which are happening around him/her both within and outside his/her own State or Country.

They must have knowledge in the field of Current Affairs, New Discoveries & Inventions also. The technique of the interview is not that of a strict cross-examination, but of a natural, through directed and purposive conversation intended to reveal the candidate’s mental qualities and his/her grasp of problems.

References

  1. https://lawmint.com/judicial-services/sikkim-judicial-service-examination-syllabus-overview/ 
  2. https://www.delhilawacademy.com/home/judicial-services/sikkim-judicial-services/ 

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