A Civil Servant in BurmaWhite, Herbert Thirkell, Sir
History
A Civil Servant in Burma
White, Herbert Thirkell, Sir
Burma
the work is not exclusively judicial. It includes also administrative
functions. The Chief Court initiates or advises upon many matters
connected with the judicial administration. All subordinate Judges
and magistrates, most of them Burmans, are under its supervision. In
this branch of the duties of the Court the leading part is necessarily
taken by the Chief Judge. It is therefore desirable that he should
have administrative experience, and, if possible, good knowledge of
the people. For these reasons public interest is better served by
the selection of a civilian as Chief Judge. I do not care to discuss
the vulgar suggestion, not seriously made by any decent person, that
civilian Judges are more likely to be subservient to Government than
barristers. No one believes this; nor would it apply particularly to
the Chief Judge, who, as I have said, has no more power judicially
than his colleagues. The only sound rule is for Government to appoint
as Chief Judge the man believed to be best qualified for the office,
whether civilian or barrister, bearing in mind that administrative as
well as purely legal qualifications are requisite.
Some time ago there was an agitation for the establishment of a High
Court for Burma in place of the Chief Court and Judicial Commissioner.
No doubt Judges of the Chief Court should receive the same pay as
Judges of a High Court. They do exactly the same work, and are of
the same standing. Apart from this, in my humble judgment, the
establishment of a High Court would be an unmixed evil. Upper Burma is
not ripe for even the mild sway of the Chief Court. For both litigants
and Judges it is better to remain under the sympathetic control of
the Judicial Commissioner, whose learning is tempered by sympathy
with the people. It would also be disastrous for suitors from Upper
Burma to have to come to Rangoon, practically a foreign city, instead
of Mandalay, where they are at home. Besides these objections, the
establishment of a High Court would involve the appointment on every
occasion of a barrister Chief Justice, which I hope I have shown to be
inexpedient. As puisne Judges, barristers would be sent from England.
One need not believe spiteful stories of political jobs, and one
may respect many Judges of High Courts; but it cannot be contended
that an Indian career now attracts the pick of the English Bar, men
in first-class practice or with good prospects. Recent experience
has, I trust, quenched whatever desire there may have been for the
establishment of a High Court in Rangoon. But enough of controversy.
At the end of 1898 Lord Elgin visited Burma, on the very eve of his
departure from India.
Public-domain text, read in full here on John Shaqi.
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