Rajasthan Junior Civil Judge Sample Interview Questions and Answer!
Write an essay on the following topics in about 500 words:—
Q.1. Legal aid to poor (Essay)
Ans. “An effective legal assistance programme is not only essential to the maintenance of the democratic way of life and the rule of law but is also in a poor country like ours, a socio-economic necessity.” —The Bhagwati Committee Report, 1971
The theme of social justice or committed justice will not be able to change the fate of the poor or downtrodden until and unless our outlook is changed and we reorient our thinking process in the light of new constitutional values. New concept is that when a poor litigant is compelled to contest the case against a rich person, he should not only be given financial legal aid but the poor downtrodden person should also be furnished aid with advice and assistance in settlement of disputes by negotiation, concilliation, compromise, arbitration or any other suitable means. Preamble of the Constitution of India aims at giving justice-social, economic and political, to every citizen of India. It also furnishes equality before law and equal protection of law, irrespective of any caste, creed, descent, race, religion, wealth or status.
In India, there are constitutional and other legal provisions relating to free legal aid to the poor.
I. Constitutional:
All the objectives relating to the justice enshrined in the preamble of the Constitution of India can only be realised by way of free legal aid to the poor.
If the fundamental rights, sanctioned under Articles 14, 19 and 21, provided in favour of the citizens of India are violated, the constitutional remedies are meaningless until and unless the poor litigant is not provided with proper help.
Article 39-A was inserted (through 42nd Amendment) in the Constitution, providing for social justice and free legal aid, which enshrines, “The State shall secure that the operation of the legal system promotes justice on the basis of equal opportunity and shall in particular provide free legal aid by suitable legislation”.
In the same way, a sacred fundamental duty was also cast in the sphere of aid and advice to the poor and downtrodden litigants by inserting Article 51-A, added by the Constitutional Amendment of 1976.
Since, administration of justice being a State subject, the State legislatures only were empowered to legislate on the subject of legal aid to poors.
II. Other Non-Constitutional Laws:
(i) Order XXXIII, CPC, allows to file the suits by indigent persons without paying any fee prescribed by law.
(ii) Similar provisions are there for preferring appeals by poor/indigent persons.
(iii) Under Order XXXIII, Rule 18, CPC, it is provided that subject to the provisions of this Order, the Central Government or State Govt., was empowered to make supplementary provisions providing free legal services to indigent persons.
(iv) In the prosecutions under Section 302, IPC, the poor accused persons are allowed free defence counsels.
(v) There are provisions in the Advocate Act, 1966 which are helpful for encouraging free legal aid to poors.
(vi) In a road accident claim, a poor/pauper/indigent person is entitled to get free legal aid.
(vii) In the complaints filed under the Consumer Protection Act, no ad valorem court-fee is levied on the parties.
(vii) In this connection, Rajasthan Legal Aid Rules, 1984 were passed, according to which, the following persons were made eligible for legal aid —
a. the person whose yearly income is not more than Rs.50,000/-;
b. he/she is a member of Scheduled Caste/Tribe;
c. when no maintenance allowance is given to the wife by her husband or when the lady has been facing with the litigations regarding abduction, kidnapping, dowry or rape;
d. where divorced or married Muslim woman wants to realise the amount of mehar;
e. where the child below the age of 16 years is accused in a criminal case; and
f. convicts and under trial prisoners are also entitled to take benefit of legal aid;
Rajasthan High Court and its subordinate Courts are embarking upon free legal aid programmes according to object and spirit of the aforesaid Rajasthan Legal Aid Rules. Legal literacy camps are also organised to educate the public at large to know about their rights regarding free legal aid, etc., in which judicial officers and advocates come forward to teach and help the poor and down-trodden people. Some universities have also shown their interests to implement legal aid scheme.
It is hoped that rich persons, State Government, Universities, District Collector, Bar Association, social workers and political parties, etc., will also come forward to help the needy downtrodden litigants in Courts.
The awareness can only make the downtrodden and poor to be happy and in a position to achieve the goal of socio-economic justice. Therefore, the statutes or the increasing multi-dimensional legal and para-legal machinery can be useful, only when we make these modalities acceptable on socio-ethical values based on constitutional philosophy.
Q.2 Is Judiciary crossing limits? (Essay)
Ans. In India, there is supremacy of Constitution and rule of law. The principle of separation of powers is in vogue, which is based on ‘check and balance’ system. All the three wings, i.e., Legislature, Judiciary and the Executive, should work within their limitations. None of them is expected to pose its superiority.
Justice J.S. Venna once observed: — “The controversy being generated over the supremacy of the three wings of democracy-Judiciary, Legislature and Executive, is a futile exercise. Neither the Legislature nor the Executive nor even the Judiciary is superior. It is the people who are supreme.”
It is true that the period of judicial activism should be shorter and the voters of India should themselves compel the Executive and the Legislature to perform their duties honestly and efficiently. But is only possible when the people are well educated and vigilant towards their rights. But, since majority of voters are not enlightened, educated and vigilant, our democracy, sometimes becomes feeble; and many a times, the Executive exerts its supremacy over the Legislature, which is not desirable.
Although it is provided in the Constitution of India that the Legislature will control over the Executive, yet, in fact, it is not so and practically, sometimes, the Executive becomes inactive, overactive, corrupt, inefficient, rash or negligent. Then, in such state of affairs, for making the democracy stronger, if the Judiciary, by way of positive judicial activism, shows the correct path to the Executive and the Legislature, it is praise-worthy, and not liable to be condemned.
Had the Judiciary not been in a position to adhere to its judicial duty in the sphere of public interest litigations, the bounded labourers would not have been liberalized, child labourers would not have been saved; no efforts would have been done for purification of pollution and for welfare of under-trial prisoners nor judicial proceedings would have been started in the cases of Bofors, Hawala, Saintkits, Uria, allotment of petrol-pumps, fodder etc. scandals and scams. The Judiciary ordered to conduct inquiries and investigations against many leaders; some of them were arrested and lodged behind the bars. Word ‘Hindu’ was declared to be secular; and the activities of private medical practitioners were brought within the ambit of consumer protection, etc.
Sometimes, the legislatures has also tried to undo the so-called judicial activism and while enacting the laws, it tried the cut the feathers of the Judiciary. Their glaring examples are passing of the Constitution (42nd Amendment) Act, 1976 and declaring emergency; and to annul the judgment in the case of Shahbano, the Muslim Women (Protection of Rights on Divorce) Act, 1986 was passed.
Some corrupt politicians and bureaucrats etc., having their vested interests, may criticize that the Judiciary is overacting to pose itself superior to other wings of the democracy. But, it can only be a political and selfish thinking. Whereas, clean-image-politicians and officers praise this tendency of the Judiciary, because it has really imported social justice to down-trodden, weaker and common people.
But, the principle of “excess of everything is bad” is also applicable here. If some Judges, due to their over enthusiasm, forget their limitations, it is not desirable, especially when they are overburdened by their own judicial work-loads. The Courts have a duty to implement constitutional safe-guards and they are expected to circumspect and remain self-disciplined in the discharge of their judicial functions and their action must be totally judicious in character.
As per Justice J.S. Verma, for Judiciary itself, there is need of self-analysis and self- restrain. All the aforesaid wings should work in harmony with each other and should act within their limitations, keeping in view the welfare of the public at large.
According to “Rajasthan Patrika” dated 04.02.2008, now the cases relating to admissions of the students in certain educational institutions, matters of pension and gratuity, land-lord tenant disputes etc. have been kept out of the purview of public interest litigations.
We should not forget the observation made by justice Venkatachalaiya that to keep the democracy intact, we should respect the judiciary.
Q.3 Failure of Law to curb terrorism. (Essay)
Ans. Apart from other factors, there is failure of law also to curb the terrorism. There is dearth of proper and effective anti-terrorism law in India. There are certain loop-holes, which save the terrorists from punishment. There is not such strict and powerful law, which can terrorise the terrorists. Some political parties are against strict laws, due to which general public is suffering.
There is no proper detective force exclusively to curb the terrorism. ‘Law and order’ is a State-subject, whereas army air force, navy, boarder security force, armed constabularies, railway protection force and central Bureau of Intelligent etc. are governed by the Central Government. Terrorism not only prejudicially affects the law and order, but also safety, security sovereignty, integrity and economic interests of the nation. At present, in India there is no such effective law, which can impose joint and collective responsibility on both the Centre and the State.
While making laws, more powers should be given to investigating and preventive agencies. Anti-Social elements and infiltrators of Pakistan and Bangladesh illegally enter the Indian boarders and then they spread in whole of our country. Present law is insufficient to prohibit and restrict their entry in India. Often the law is not properly enforced by the concerned authorities. There is absence of political will also.
The Centre uses to blame the State, and in the same style the State holds the Central Government responsible for terrorism.
At present, there is no Home Land Security Act, which must unanimously be passed by the Legislature, wherein the security agencies working in the States should be invested with more effective powers, counter special terrorist force should be established, and all India detective grid should also be ordained.
According to Joginder Singh, Ex-Director, CBI, the detective agencies have not been successful in this sphere.
Now, there is need of such an effective and strict law, which can terrorise the terrorists. It is responsibility of the Central Government and the Parliament. The Central Government cannot get rid of its responsibility, by only saying that “law and order” is a State subject. There must be co-ordination between the Central and the State Governments, both in fact and in law.
‘Diamond cuts diamond’. Adopting this principle, we should pay the terrorists in the same coin. We should adhere to the proverb of ‘tit for tat’. Keeping these aspects in view, law should not only he made but it should also be strictly enforced. Top priority should be given to this subject matter.
According to some jurists, such a law should be made that on the border of the Country, terrorists must be treated as if they are foreign enemies of our nation.
Legally, adequate number of commando-squads should be set up to strictly deal with this situation to eradicate the menace. By framing of suitable recruitment rules, competent youths should be given proper employment, which is essential for the unity, dignity, development and welfare of the nation.
By the Parliament, TADA, 1985, and after that POTA, 2003 were passed. Government of Rajasthan is also serious to establish special detective force for this purpose after serial bomb blasts at Jaipur and Ajmer and to pass the Rajasthan Ordinance of Crime Control Act (ROCCA). According to some jurists, more effective and strict law is needed now.
This problem should be taken seriously by the leaders, politicians, administration, judiciary, forces, advocates and diplomats to curb the terrorism.
Q.4. Police atrocities and the law. (Essay)
Ans. ‘Atrocity’ means an act, which is cruel, heinous, horrible and wicked.
In the Preamble of the Constitution of India, it has been solemnly resolved that every citizen will secure equality of status and opportunity. Under Article 14, the state shall not deny to any person equality before law and equal protection of law in India. Further, as per Article 15, the State shall not discriminate against any citizen on the grounds of religion, race, caste, sex and place of birth.
But, in spite of constitutional and legal protections, still several atrocities are exerted on weaker people by the financially, politically and physically powerful persons of the society. Although police force has established to protect the society and to prevent the offences, yet many a times, it is observed, heard and read in the newspapers that the police is not protecting the poor, weak and down-troddled people, but is illegally harassing and terrifying them; and they are tortured by ‘third degree’ methods, their first information reports are not lodged, without authority such persons are arrested and kept in police ‘hawalats’ without making any entry in the relevant registers, they are compelled to enter into compromise wealthy, politically and physically powerful persons (even accused persons), capable of giving suitable gratification, are offered chairs together with break-fasts, whereas the poor and weak victims’ voice is not at all heard, rather they are misbehaved. Some times in the police custody, due to torture by the police, the people succumb to death; rapes or gang-rapes are committed within the police-station premises and they are forcibly and illegally compelled to confess the guilt levelled, (wrongly and rightly) against them, etc.
Necessity is mother of invention. To check and curb police atrocities, several laws have been enacted from time to time.
As per the Indian Penal Code, 1860 if the investigating police officer causes hurt to any person to extort confession of the offence or to compel him for restoration of property, it has been made a punishable offence under Section 330.
According to Section 348, IPC, if the police personnel wrongfully confines any person to extort confession or compel restoration of any property, it has also been made a punishable offence.
Whoever being a police officer commits rape on a woman in his custody in the premises of a police station, taking advantage of his official capacity; or gang rape; or rape on a girl under twelve years of age is committed by him, he shall be liable to punishment of rigorous imprisonment which may extend to life imprisonment, and such imprisonment not be less than ten years, under Section 376, IPC. Further, even when a police officer, taking advantage of his official position induces or seduces a woman to have sexual intercourse (not rape) with him, he shall be punished with imprisonment upto five years and fine.
Under Section 4, SC/ST (Prevention of Atrocities) Act, 1986, if a police officer, not of Scheduled Caste or Scheduled Tribe, wilfully neglects his lawful duties in which the victim belongs to Scheduled caste/tribe, he shall be punishable with imprisonment upto one year (which shall not be less than six months).
Where any person dies or disappears, or rape is committed on a woman in police custody, an inquiry shall now be conducted by a competent Judicial or Metropolitan Magistrate only, and not by the Executive Magistrate, under Section 176 (1-A), CrPC, 1973.
If some lady police employee is made victim of sexual harassment by her fellow police employee/officer, then not only departmental inquiry may be initiated against the wrong-doer but under the Indian Penal Code appropriate legal prosecution may also be launched against him. (See: Vishaka vs. State of Rajasthan, AIR 1997 SC 3011).
Law alone is not sufficient to fully curb the police atrocities. Proper education and social awareness may definitely be helpful to effectively check the police atrocities, which will be mile-stone in the path of real social justice.
Expand the following ideas in about 100 words:—
Q.1. Justice delayed is justice denied. (Essay)
Ans. If the rain falls after destruction of the crops, it is of no use. In the legal sphere, if a victim of violence or an innocent person does not get relief in proper time, he is bound to ruin. If father files a suit and after his death, son gets the relief, it is useless. Disposal of cases takes years together, which is the most important weak point of the whole judicial system and ultimately failure of social justice.
Cases ‘are adjourned on flimsy, unreasonable and deliberately built-up grounds in routine manners. There are procedural defects and loop holes in the legal set up. If delaying-tactics-cancer is not cured in time, there is apprehension that the judicial system itself may collapse due to its own burden of pendency of cases.
Q.2 Power corrupts, absolute power corrupts absolutely. (Essay)
Ans. It is said that power makes a man corrupt and absolute power corrupts him absolutely. It is well-known instinct of a man that if he becomes powerful, he tries to become dictator and dictatorship leads to corruption and many a times, he becomes symbol of terrorism, e.g., Rawana, Kansa, Nadirshah and Hitler, etc.
British rulers had absolute powers, who imposed unjustified taxes, laws and education system. Without any check and balance, if a politician, minister, administrator or Judge is armed with absolute powers, he will try to fulfill his own likings and desires, without bothering for others. He will adopt corrupt means to make himself more powerful and enrich himself, dragging to society into the hell.
Q.3 An ideal jail is an ashram. (Essay)
Ans. Lord Krishna born in a jail of his maternal uncle Kansa, Ruler of Mathura. Such a jail can never be less than an ashram.
As per reformative theory of punishment, a convict should be treated as a patient. Offence may be hated but the offender should not be hated. Efforts should be made for his reformation. In ashrams, the saints purify their souls, Likewise, in the jail, prisoners rectify their bad habits, reform themselves and repent for their crimes. Prisoners undergoing rigorous imprisonment also do some constructive work in the jails.
On the other hand, it is also a fact that some hardened criminals are not inclined to treat jails as ashrams.