The Qualification Of The Judges

THE QUALIFICATION OF THE JUDGES

The judiciary is an important element of the state has been explained more than adequately in the text book elsewhere. What the judiciary does and does not do is a matter of concern which affects every individual and every section of the society. Therefore judiciary should have as judges, persons of high calibre and with sound knowledge of jurisprudence and the laws of the country. The qualifications prescribed for appointment as judges vary from state to state and from place to place.

The following points relating to USA deserve consideration

The USA constitution is silent on judicial qualifications. It does not give any advice for judicial appointments other than stating that justices should exhibit 'good behaviour'. As a result, selections are governed primarily by tradition. Normally for appointment the President of USA takes into account the following factors:

(a)    Experience in the judiciary or government either at federal or state level. Generally law degrees or some other form of higher education are also considered.

(b)   Political ideology - this depends upon the political ideology to which the President subscribes. A liberal may appoint a person with liberal views. Similarly, a conservative may appoint an individual with conservative outlook.

(c)      Party and personal loyalties - a large number of appointees belong to the Presidents party and

(d)    Ethnicity and gender - until recently federal judges were white men. Women were not considered for appointment as judges. But things have changed and since the time of the President, Ronald Reagan, women were also appointed. More recently, both men and women belonging to different races like African Americans and Latinos are also appointed.

So far as the modern states are concerned the following may be given as general qualifications for persons to be appointed as judges to the courts:

(a)    Nationality and citizenship

(b)    Age

(c)     Basic degree in any subject

(d)    A degree in law

(e)     Experience in the judiciary or practice as a lawyer for a specific period

(f)     Standing as an eminent jurist