In a landmark verdict, the Supreme Court of India has made it necessary for candidates who want to become Civil Judges (Junior Division) to possess a minimum of three years of experience in legal practice before they can sit for the recruitment test.
Ruling Delivered by Supreme Court Bench
The ruling was made on Tuesday by a three-judge bench led by Chief Justice of India BR Gavai, and Justices AG Masih and K Vinod Chandran. The Court raised concerns regarding the direct recruitment of fresh law graduates into the judiciary, expressing concern over the lack of practical exposure as a serious problem affecting the quality of judicial work on the ground.
Importance of Practical Experience
Holding that a minimum three-year practice is necessary to appear for the Civil Judges (Junior Division) exam, the top court said that such experience imparts necessary litigation skills, experiential knowledge of legal procedures, and the skill to deal with complicated cases efficiently. “We hold that the three-year minimum practice requirement to appear for Civil Judges (Junior Division) exam is restored,” the bench said.
A certificate from an advocate with at least 10 years of experience, endorsed by the local judicial officer, will suffice to prove the three-year practice requirement. In the case of practitioners in the Supreme Court or the High Court, the certificate should be sanctioned by a prescribed court officer. Law clerk experience will also be included in the three-year practice.
Not Applicable to Current Recruitment
Importantly, the Supreme Court clarified that this new eligibility criterion will not apply retroactively. Ongoing or already-initiated judicial recruitment processes by various High Courts will not be affected. The new rule will be enforced only in future selection cycles.
Practice Period to Start from Provisional Enrolment
In a significant clarification, the Court held that the practice period of three years shall be computed from the date of provisional enrolment with a Bar Council and not from the date of clearing the All India Bar Examination (AIBE). The bench observed that the AIBE is held on different dates, and thus provisional enrolment provides a more uniform and equitable reference date.
