A Civil Servant in BurmaWhite, Herbert Thirkell, Sir
History
A Civil Servant in Burma
White, Herbert Thirkell, Sir
Burma
In 1900 the Chief Court of Lower Burma was established, Mr. Copleston
becoming the first Chief Judge. The selection was vehemently
criticized, the local Bar and Press clamouring for the appointment of a
barrister and for Mr. Copleston’s head on a charger. I should like to
explain the reasons which may be urged in support of the appointment of
a civilian. The judicious skipper will perhaps be warned, and avoid the
next page or two. It is open to argument that there should not be any
civilian Judges; that, as in England, all Judges should be barristers
trained in forensic practice. This argument is not seriously advanced
by anyone conversant with the conditions, and need not be traversed
at length. But the situation may be briefly stated. From the beginning
of their service, civilians are constantly doing judicial work, always
criminal, generally civil. In the five-and-twenty years or so that
pass before they are likely to enter a High or Chief Court, those who
have any aptitude or inclination for legal studies have had abundant
experience and have acquired a good stock of learning. Where there
is a division between the executive and judicial branches, certain
officers specialize almost exclusively. Civilians of my own standing
had even an earlier training. During their term of probation law formed
a prominent part of their reading. Periodical examinations tested their
proficiency, and they had also to attend Courts and prepare notes of
cases. They saw in practice the daily working of Courts under the
presidency of the best Judges and magistrates in England. A selected
candidate who failed at the Final Examination to qualify in law was
ruthlessly rejected, excluded for ever from the paradise of the Civil
Service. It is thought by some not unintelligent persons that in the
trial of civil and criminal causes it is an advantage for the Judge to
have knowledge of the language, customs, and character of the people
concerned. Apart from this, every High and Chief Court in India has
civilian Judges, by common consent as well qualified as their barrister
colleagues. So much for the appointment of any civilians as Judges.
Now for the question of the Chief Judge. In the Chief Court of Lower
Burma, with which we are immediately concerned, in forensic business
the Chief Judge has no more weight or authority than any of his puisne
brothers. Only when all the Judges are sitting as a Bench, and when
they are equally divided, has the Chief Judge a casting-vote. As yet
that instance has not happened. Ordinarily, in court the Chief Judge
is on terms of exact equality with his colleagues. As a member of a
Bench he can be outvoted by his juniors. His decision as a single judge
can be considered, modified, or overruled by a Bench, of which he may
or may not be a member. So far as judicial work is concerned, every
objection to the appointment of a civilian as Chief Judge can be urged
with equal force to the appointment of any civilians as Judges. But
Public-domain text, read in full here on John Shaqi.
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