DOI Page / Citation link:
https://doi.org/10.11588/diglit.68024#0289
281
From C. A. Wilkins, Esq., Officiating Registrar of the High Court of Judicature at Fort William in Bengal,
to the Secretary to the Government of Bengal, Judicial, Political, and Appointment Departments,—No. 1457,
dated Calcutta, the 12th June 1882.
The Judges having had under their careful consideration the memorial of the National
Muhammadan Association, a copy of which was forwarded with your letter No. 1152J., dated
the 8th March last, I am directed to communicate, for the information of His Honour the
Lieutenant-Governor, the following remarks, first, as to whether candidates at the pleadership
examination should, at their option, be allowed to be examined in the vernacular of the district;
and secondly, on the several points raised in paragraphs 19, 22 and 26 of the memorial, as
requested in your subsequent letter No. 1485J., dated 27th idem.
2. The question as to the language in which the pleadership examination should be con-
ducted is by no means a new one. Its importance has never been overlooked, the less so because
it is intimately connected with the efficiency of the subordinate judicial service, for which a
previous training as a pleader is, and for many years has been, an indispensable qualification.
So long as there were two grades of pleaders, the necessity for conducting the examination in
English was restricted to those of the higher grade, from whose ranks alone the candidates for
Munsifships have been, from so far back as 1850, selected, and it was this consideration which
no doubt led to the passing of Rule 5 of the rules made by the Government of Bengal under
section 6 of Act XX of 1865, to the effect that “ the examination of candidates for pleader-
ships of the higher grade shall be conducted in English.” But I am to remind you that the
new rules framed by the'High Court under the Legal Practitioners-’ Act XVIII of 1879, re-
cognize but one grade of pleaders, whose examination is of the standard originally prescribed for
pleaders of the higher grad*' mider the previous rules. If, therefore, it be a sine qua non that
a judicial officer shouF .iave a sufficiently accurate knowledge of English to enable him to
understand and apply the law as laid down in the various enactments, and as interpreted by the
rulings of the Prr y Council and of the High Court, it necessarily follows that he should be
in possession of such knowledge at the time when he enters upon his career as a pleader, in the
hope of ultimately serving Government as a judicial officer.
3. It may be now taken as a recognized principle that, before a man can be permitted to
practise as a pleader, he must have acquired a sufficient knowledge of the principles of law and
* No. 1376, dated 30th July. jurisprudence. The necessity for this was recognized by the
t No. 1934, dated 23rd November. Government of Bengal in 1853,* and in Novemberf of that
year the Sudder Dewani Adawlut selected certain English text books for the pleadership exa-
mination. The fact that these books never formed the subject of an examination for pleader-
ships was due to the then prevailing ignorance of English amongst the natives, both Hindu
and Muhammadan, of thL country—a defect which a special committee, appointed in 1860, at-
tempted to remedy by devising a scheme for the “ translation into Bengali and Urdu of all the
most useful text books and manuals, and the establishment of vernacular law lectures.-”
4. However sufficiently this scheme may have met the difficulty for the first few years
after it was put into practice, it is clear that, by the year 1866, the absolute necessity for a
knowledge of English in the higher grade of pleaders and in the subordinate judicial service
became manifestly apparent. It is perhaps immaterial to trace the causes which led to the
passing of Rule 5 of the rules of the Government of Bengal already mentioned above. It is
sufficient to state that, at the present time, the acquirement of any accuracy in the knowledge
of the law is, without a knowledge of English, absolutely impossible. No translations of such
enactments as the Negotiable Instruments' Act, the Evidence Act, the Contract Act, the
Specific Relief Act, and the Transfer of Property Act, can possibly convey the full meaning of
the originals. Ear less could a pleader, whether a candidate for judicial employment or not,
understand commentaries explanatory of these or of other laws; or, what is of still greater im-
portance, acquire any intelligent knowledge of the judgments of the Privy Council or of the
High Court which expound the law, and which the Judges believe are not translated.
5. 'there is also reason to doubt whether the M uhammadan community would itself be bene-
fited by a relaxation of the present rule in their favour. It is to be presumed that the memo-
rialists, in asking that a candidate for a pleadership may, if he choose, be examined in the ver-
nacular, aim at securing a substantial benefit for such Muhammadan gentlemen as would be
enrolled under the relaxed rule. But, in the opinion of the Judges, the privilege would be no
more than a nominal one. That a Muhammadan, without a fair knowledge of English, would
acquire no title or no footing in the profession, is evident from what is known to have occurred
in Behar, where, notwithstanding that Urdu or Hindee continue to be the language of the
courts, the Muhammadan pleaders, who some 10 or 12 years ago had a fair share of the business
of the courts, have been entirely displaced by English-speaking Bengali vakils.
36
From C. A. Wilkins, Esq., Officiating Registrar of the High Court of Judicature at Fort William in Bengal,
to the Secretary to the Government of Bengal, Judicial, Political, and Appointment Departments,—No. 1457,
dated Calcutta, the 12th June 1882.
The Judges having had under their careful consideration the memorial of the National
Muhammadan Association, a copy of which was forwarded with your letter No. 1152J., dated
the 8th March last, I am directed to communicate, for the information of His Honour the
Lieutenant-Governor, the following remarks, first, as to whether candidates at the pleadership
examination should, at their option, be allowed to be examined in the vernacular of the district;
and secondly, on the several points raised in paragraphs 19, 22 and 26 of the memorial, as
requested in your subsequent letter No. 1485J., dated 27th idem.
2. The question as to the language in which the pleadership examination should be con-
ducted is by no means a new one. Its importance has never been overlooked, the less so because
it is intimately connected with the efficiency of the subordinate judicial service, for which a
previous training as a pleader is, and for many years has been, an indispensable qualification.
So long as there were two grades of pleaders, the necessity for conducting the examination in
English was restricted to those of the higher grade, from whose ranks alone the candidates for
Munsifships have been, from so far back as 1850, selected, and it was this consideration which
no doubt led to the passing of Rule 5 of the rules made by the Government of Bengal under
section 6 of Act XX of 1865, to the effect that “ the examination of candidates for pleader-
ships of the higher grade shall be conducted in English.” But I am to remind you that the
new rules framed by the'High Court under the Legal Practitioners-’ Act XVIII of 1879, re-
cognize but one grade of pleaders, whose examination is of the standard originally prescribed for
pleaders of the higher grad*' mider the previous rules. If, therefore, it be a sine qua non that
a judicial officer shouF .iave a sufficiently accurate knowledge of English to enable him to
understand and apply the law as laid down in the various enactments, and as interpreted by the
rulings of the Prr y Council and of the High Court, it necessarily follows that he should be
in possession of such knowledge at the time when he enters upon his career as a pleader, in the
hope of ultimately serving Government as a judicial officer.
3. It may be now taken as a recognized principle that, before a man can be permitted to
practise as a pleader, he must have acquired a sufficient knowledge of the principles of law and
* No. 1376, dated 30th July. jurisprudence. The necessity for this was recognized by the
t No. 1934, dated 23rd November. Government of Bengal in 1853,* and in Novemberf of that
year the Sudder Dewani Adawlut selected certain English text books for the pleadership exa-
mination. The fact that these books never formed the subject of an examination for pleader-
ships was due to the then prevailing ignorance of English amongst the natives, both Hindu
and Muhammadan, of thL country—a defect which a special committee, appointed in 1860, at-
tempted to remedy by devising a scheme for the “ translation into Bengali and Urdu of all the
most useful text books and manuals, and the establishment of vernacular law lectures.-”
4. However sufficiently this scheme may have met the difficulty for the first few years
after it was put into practice, it is clear that, by the year 1866, the absolute necessity for a
knowledge of English in the higher grade of pleaders and in the subordinate judicial service
became manifestly apparent. It is perhaps immaterial to trace the causes which led to the
passing of Rule 5 of the rules of the Government of Bengal already mentioned above. It is
sufficient to state that, at the present time, the acquirement of any accuracy in the knowledge
of the law is, without a knowledge of English, absolutely impossible. No translations of such
enactments as the Negotiable Instruments' Act, the Evidence Act, the Contract Act, the
Specific Relief Act, and the Transfer of Property Act, can possibly convey the full meaning of
the originals. Ear less could a pleader, whether a candidate for judicial employment or not,
understand commentaries explanatory of these or of other laws; or, what is of still greater im-
portance, acquire any intelligent knowledge of the judgments of the Privy Council or of the
High Court which expound the law, and which the Judges believe are not translated.
5. 'there is also reason to doubt whether the M uhammadan community would itself be bene-
fited by a relaxation of the present rule in their favour. It is to be presumed that the memo-
rialists, in asking that a candidate for a pleadership may, if he choose, be examined in the ver-
nacular, aim at securing a substantial benefit for such Muhammadan gentlemen as would be
enrolled under the relaxed rule. But, in the opinion of the Judges, the privilege would be no
more than a nominal one. That a Muhammadan, without a fair knowledge of English, would
acquire no title or no footing in the profession, is evident from what is known to have occurred
in Behar, where, notwithstanding that Urdu or Hindee continue to be the language of the
courts, the Muhammadan pleaders, who some 10 or 12 years ago had a fair share of the business
of the courts, have been entirely displaced by English-speaking Bengali vakils.
36