SC Mandates 3-Year Legal Practice for Entry Into Judiciary as Civil Judge
The Supreme Court of India has issued a landmark judgment mandating that candidates aspiring to become Civil Judges (Junior Division) must have a minimum of three years of legal practice before they are eligible to appear for judicial service examinations.
Mandatory Legal Practice Requirement
All candidates must have at least three years of legal practice at the Bar to be eligible to sit for the civil judge (junior division) examination.
This requirement is intended to ensure that judicial officers possess practical courtroom experience, which is deemed essential for judicial efficiency and competence. The Court noted that direct recruitment of fresh law graduates had led to several practical difficulties and inefficiencies, as highlighted by multiple High Courts.
Certification of Experience
The three-year practice must be certified by either:
The principal judicial officer of the relevant court, or
An advocate with at least ten years of standing at the Bar, with endorsement from the principal judicial officer.
For those practicing before the High Courts or Supreme Court, certification must come from an advocate with ten years’ standing, endorsed by an officer designated by the respective court.
Counting Experience
The period of legal practice is to be counted from the date of provisional enrolment as an advocate, not from the date of passing the All India Bar Examination (AIBE).
Experience as a law clerk to a judge will also be recognized as valid legal practice for meeting this requirement.
Prospective Application
The new rule will not affect ongoing judicial recruitment processes where selection has already been initiated. It will apply only to future recruitment cycles.
Mandatory Training
All successful candidates must undergo at least one year of training before being permitted to preside over a court.
Implementation Timeline
High Courts must amend their service rules within three months, and State governments must approve these amendments within a further three months.
Rationale Behind the Decision
The Supreme Court observed that the recruitment of fresh law graduates as judges had not been successful and had led to several issues, including lack of practical knowledge of court procedures and the litigation process. The Court emphasized that hands-on experience is crucial for judges to effectively handle matters involving life, liberty, and property, and to bring sensitivity and practical understanding to judicial proceedings.
| Requirement | Details |
|---|---|
| Minimum Legal Practice | 3 years at the Bar (counted from provisional enrolment) |
| Certification | Principal judicial officer or advocate with 10+ years’ standing (with endorsement) |
| Law Clerk Experience | Recognized as valid legal practice |
| Applicability | Prospectively (not for ongoing recruitment) |
| Mandatory Training | 1 year before presiding over court |
| Rule Amendment Timeline | High Courts: 3 months; State Governments: additional 3 months |
This judgment is expected to significantly impact the pathway to the judiciary, raising the bar for practical experience and aiming to enhance the quality and readiness of entry-level judges across India.
