LI Network
Published on: 10 August 2023 at 11:05 IST
The Supreme Court has reaffirmed that law clerks are not authorized to engage in the practice of law during their tenure.
This assertion comes in response to a petition challenging the guidelines set forth by the Madras High Court, which mandated the suspension of legal practice for individuals seeking appointment as law clerks to high court judges.
The petitioner, R. Harishni, served as a law clerk-cum-research assistant to a Madras High Court judge for two years and had to halt her practice during that period. Upon completing her tenure, Harishni resumed her practice in 2021.
However, in 2023, Harishni aspired to apply for a civil judge position in the Tamil Nadu State Judicial Service. Unfortunately, she was deemed ineligible due to the requirement of a minimum of three years of practice, which did not consider her time as a law clerk.
Challenging these guidelines, Harishni appealed to the apex court, seeking the inclusion of her experience as a law clerk in her practice tenure. She contended that suspending her practice amounted to discrimination, violating Articles 14 and 16 of the Constitution, which guarantee equal opportunity and non-discrimination in service appointments.
During the hearing, Chief Justice of India, D.Y. Chandrachud, remarked that law clerks should refrain from practicing law during their tenure, as their primary role is to assist judges and not to appear in other courts.
Ultimately, the Court dismissed the writ petition, stating its lack of inclination to entertain the case.