Home India Supreme Court of India In exercise of the powers conferred by clause 2 of Article 1...
Date: 2021-07-29 Category: Extra Ordinary State: Union Government Country: India

In exercise of the powers conferred by clause 2 of Article 146 of the Constitution, the Chief Justice

Issued by Supreme Court of India · Not Applicable

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Executive Summary & Key Takeaways

## Report on Amendments to the Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961 **1. Executive Summary:** This report analyzes amendments to the Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961, as notified on July 29, 2021. The amendments focus on modifying the qualification and experience criteria for the positions of Director, Deputy Registrar/Research-cum-Senior Fellow, and Assistant Registrar/Research-cum-Assistant Fellow. The core purpose is to update and potentially broaden the eligibility requirements for these roles, likely to attract a wider pool of qualified candidates. Key findings indicate a greater emphasis on research experience, legal skills, and IT proficiency, alongside academic qualifications, for these positions within the Supreme Court. **2. Introduction:** This report provides an overview and analysis of the notification G.S.R. 516(E) issued by the Supreme Court of India on July 29, 2021, regarding amendments to the Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961. The analysis is based solely on the information provided in the given text. **3. Policy Overview:** * **Amendment:** This notification amends the existing Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961. * **Core Objective(s):** The core objective of these amendments, as inferred from the provided text, is to revise the qualification and experience requirements for select positions within the Supreme Court's administrative structure. This revision potentially aims to attract candidates with a diverse range of skills and experience. **4. Background and Rationale:** The amendment likely addresses the need to update the qualification criteria for key positions within the Supreme Court's administrative staff. The pre-existing requirements may have been too restrictive, potentially limiting the pool of qualified applicants. The new emphasis on research experience, IT skills, and legal proficiency suggests an effort to enhance the capabilities of the staff in areas crucial to the effective functioning of the Court in the modern era. The diversification of acceptable experience also suggests a desire for individuals with both academic and practical skills. **5. Key Provisions / Changes:** The amendments focus on changes to Category Nos. 4B, 9B, and 20 of the Schedule to the Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961. The changes pertain to the "Qualification" and "Experience" requirements for the positions of Director, Deputy Registrar/Research-cum-Senior Fellow, and Assistant Registrar/Research-cum-Assistant Fellow, respectively. Here's a breakdown of the specific changes: * **Category 4B: Director** * **Original:** (Not provided, but implied to be different) * **New:** Doctorate in Law or equivalent; and 10 years or more of relevant professional or academic or judicial Research experience or in combination thereof. * **Effect:** The amendment specifies the required educational qualification and mandates a minimum of 10 years of relevant experience in a professional, academic, judicial, or research capacity, allowing for a combination of these experiences. * **Category 9B: Deputy Registrar/Research-cum-Senior Fellow** * **Original:** (Not provided, but implied to be different) * **New:** (i) Doctorate in Law or equivalent. (ii) Persons holding the post of Assistant Professor or equivalent in National Law Universities/State Law Universities/Other Central/State Universities on regular basis. Minimum 7 years service on the post of Assistant Professor. OR A Judicial Officer having Masters degree in Law. 5 years or more of relevant professional or academic or judicial experience or in combination thereof; and has also written some paper published including book/dissertation/thesis. * **Desirable:** i Excellent writing skills. ii Knowledge of IT skills including familiarity with data analysis and preparation of excel spreadsheets and power point presentation. iii Excellent legal skills and familiarity with legal databases, legal information website and capacity to legal research. * **Effect:** The amendment broadens the eligibility criteria to include individuals with a Doctorate in Law or equivalent, or those holding the post of Assistant Professor or equivalent in specified Universities with a minimum of 7 years of service, or Judicial Officers having a Master's degree in Law. It also mandates a minimum of 5 years of relevant professional, academic, or judicial experience and requires candidates to have published written work. The amendment also lists desirable skills like excellent writing skills, knowledge of IT skills and familiarity with data analysis, and excellent legal skills. * **Category 20: Assistant Registrar/Research-cum-Assistant Fellow** * **Original:** (Not provided, but implied to be different) * **New:** Persons holding the post of Assistant Professor or equivalent in National Law Universities/State Law Universities/Other Central/State Universities on regular basis. Minimum 3 years service on the post of Assistant Professor or equivalent. OR A Judicial Officer having Masters degree in Law. 3 years or more of relevant professional or academic or judicial experience or in combination thereof; and has also written some paper published including book/dissertation/thesis. * **Desirable:** i Excellent writing skills. ii Knowledge of IT skills including familiarity with data analysis and preparation of excel spreadsheets and power point presentation. iii Excellent legal skills and familiarity with legal databases, legal information website and capacity to legal research. * **Effect:** The amendment broadens the eligibility criteria to include individuals holding the post of Assistant Professor or equivalent in specified Universities with a minimum of 3 years of service, or Judicial Officers having a Master's degree in Law. It also mandates a minimum of 3 years of relevant professional, academic, or judicial experience and requires candidates to have published written work. The amendment also lists desirable skills like excellent writing skills, knowledge of IT skills and familiarity with data analysis, and excellent legal skills. **6. Target Audience and Stakeholders:** The target audience and stakeholders directly affected by these amendments include: * Legal professionals with doctorates, master's degrees, and/or experience in judicial, academic, or research roles. * Assistant Professors and individuals holding equivalent positions in National Law Universities, State Law Universities, and other Central/State Universities. * Judicial Officers with a Master's degree in Law. * Current employees of the Supreme Court who may be eligible for promotions or transfers to these positions. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Supreme Court of India, specifically the Chief Justice of India, is the responsible authority for these amendments. The Registrar (Admn.I) is responsible for the notification. * **Timelines/Procedures:** No specific timelines or procedures are outlined in the provided text regarding the implementation of these amendments. The amendments are effective immediately upon notification. The existing method of recruitment remains unchanged. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of these changes are: * A broader and more diverse pool of qualified candidates for the positions of Director, Deputy Registrar/Research-cum-Senior Fellow, and Assistant Registrar/Research-cum-Assistant Fellow. * Enhanced research capabilities within the Supreme Court's administrative staff. * Improved ability to utilize legal databases, legal information websites, and data analysis tools. * A more efficient and effective administrative structure within the Supreme Court. * Potential for improved legal research and support for the Justices of the Supreme Court. **9. Conclusion:** The amendments to the Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961, represent a significant update to the qualification and experience requirements for key administrative positions. These changes emphasize research experience, legal skills, and IT proficiency, aiming to attract a wider range of qualified candidates and enhance the overall capabilities of the Supreme Court's staff. The amendments reflect an effort to modernize the administrative structure and improve its capacity to support the Court's judicial functions.

Key Entities Referenced

SUPREME COURT OF INDIA: The apex court of India, issuing the notification. Article 146 of the Constitution: Article of the Indian Constitution granting powers to the Chief Justice of India. Chief Justice of India: The head of the Indian Supreme Court, responsible for making amendments to service rules. Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961: The set of rules being amended by the notification. Director: Designation of the post in Category No. 4B of the Schedule to the Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961 Additional Registrar: Designation of the post in Category No. 4B of the Schedule to the Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961 Deputy Registrar: Designation of the post in Category No. 9B of the Schedule to the Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961 ResearchcumSenior Fellow: Designation of the post in Category No. 9B of the Schedule to the Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961 Assistant Professor: A teaching position in Universities and State Law Universities National Law Universities: A type of law university in India. State Law Universities: A type of law university in India. Central State Universities: A type of university. Assistant Registrar: Designation of the post in Category No. 20 of the Schedule to the Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961 ResearchcumAssistant Fellow: Designation of the post in Category No. 20 of the Schedule to the Supreme Court Officers and Servants Conditions of Service and Conduct Rules, 1961 DEEPAK JAIN: Registrar Admn.I Ring Road, Mayapuri, New Delhi: Location of Government of India Press, New Delhi 110064 Delhi: Location of Controller of Publications, Delhi 110054
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-29072021-228556 xxxGIDHxxx CG-DL-E-29072021-228556 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (i) PART II—Section 3—Sub-section (i) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 418] नई दिल्ली, बृहस्ट्प जताार, िुलाई 29, 2021/श्रााण 7, 1943 No. 418] NEW DELHI, THURSDAY, JULY 29, 2021/SHRAVANA 7, 1943 SUPREME COURT OF INDIA NOTIFICATION New Delhi, the 29th July, 2021 G.S.R. 516(E).—In exercise of the powers conferred by clause (2) of Article 146 of the Constitution, the Chief Justice of India hereby makes the following amendments to the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules, 1961:- I. The following post, qualification and experience be substituted against Category No. 4B, 9B and 20 of the Schedule to the said Rules. However, there shall be no change in the method of recruitment to these posts as already notified. Category No. Designation of the Post Qualification Experience, if any 1 2 3 5 4B Director Doctorate in Law or equivalent; and 10 years or more of relevant [Additional Registrar professional or academic or judicial (Research)] experience (or in combination thereof). 9B Deputy Registrar (i) Doctorate in Law or equivalent. (Research)-cum-Senior Fellow (ii) Persons holding the post of Assistant Professor or equivalent in National Law 4147 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Category No. Designation of the Post Qualification Experience, if any 1 2 3 5 Universities/ State Law Universities/Other Minimum 7 years service on the post Central/State Universities on regular basis. of Assistant Professor OR A Judicial Officer having Master’s degree OR in Law. 5 years or more of relevant professional or academic or judicial experience (or in combination thereof); and has also written some paper published including book/dissertation/thesis. Desirable: (i) Excellent writing skills. (ii) Knowledge of IT skills including familiarity with data analysis and preparation of excel spreadsheets and power point presentation. (iii) Excellent legal skills and familiarity with legal databases, legal information website and capacity to legal research. 20 Assistant Registrar Persons holding the post of Assistant Minimum 3 years service on the post (Research)-cum-Assistant Professor or equivalent in National Law of Assistant Professor or equivalent. Fellow Universities/ State Law Universities/ Other Central/ State Universities on regular basis. OR A Judicial Officer having Master’s degree OR in Law. 3 years or more of relevant professional or academic or judicial experience (or in combination thereof); and has also written some paper published including book/dissertation/thesis.[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 3 Category No. Designation of the Post Qualification Experience, if any 1 2 3 5 Desirable: (i) Excellent writing skills. (ii) Knowledge of IT skills including familiarity with data analysis and preparation of excel spreadsheets and power point presentation. (iii) Excellent legal skills and familiarity with legal databases, legal information website and capacity to legal research. [No. F. 34/2021-SCA(I)] By Order, DEEPAK JAIN, Registrar [Admn.I] Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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