Three-judges bench of BR Gavai , CJI and AG Masih and K Vinod Chandran, JJ.
The Supreme Court of India, on May 20, 2025, restored a crucial eligibility requirement for aspiring civil judges, a requirement of at least three year legal practice prior to sitting for judicial service exams. The ruling represents a crucial change in the world of judicial recruitment, highlighting the importance of legal experience within the judiciary.
Background: Return to the 2002 Amendment
The three year legal practice tenure requirement was first mandated by the Madhya Pradesh High Court in 2002. It was later relaxed in order to bring new law graduates into the judiciary. Through the years, there has been concern about the usability of appointing judges who lack actual courtroom exposure. The Supreme Court’s recent ruling rectifies such concerns by reviving the original requirement.
Key Highlights of the Supreme Court’s Ruling
1. Compulsory Legal Practice: Aspirants should now possess at least three years legal practice in order to become eligible for the civil judge (junior division) exam.
2. Experience Calculation: Three years of experience is counted from the provisional enrollment date as an advocate, not from the All India Bar Examination (AIBE) passing date.
3. Certification Requirement: The legal practice should be certified by an advocate of ten years or more standing at the Bar.
4. Law Clerk Experience Included: Time spent working as a law clerk to judges will be included in the three-year practice requirement.
5. Prospective Application: The new eligibility requirements will apply only to future recruitment exercises. Current or already advertised recruitment exercises will proceed under current rules.
Rationale of the Decision
The Supreme Court noted that the induction of new law graduates as judges without having practical exposure has resulted in problems in the judiciary. Judges have to deliver judgments affecting life, liberty, and property from the day they assume office. The Court reiterated that experiential knowledge during court trials is indispensable for judicial officers.
Implications for Judicial Aspirants
This judgment modifies the conventional route for law graduates who want to enter the judiciary. Rather than appearing directly for judicial service tests after graduation, applicants need to attain considerable legal experience first. This reform is done with the purpose of making newly appointed judges more practically skilled and aware of courtroom dynamics.
Conclusion
The ruling by the Supreme Court highlights the need for useful legal practice within the judiciary. Through the requirement of at least three years legal practice, the Court seeks to strengthen the competency and performance of judicial officers. Prospective judges are entreated to take an active role in legal practice or clerkships to satisfy the new eligibility requirement and serve effectively in the justice delivery system.
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