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Supreme Court restores rule mandating 3-year law practice for judicial service
Context
The Supreme Court of India, in a recent judgment, has restored the mandatory requirement of 3 years of law practice for candidates applying to the Civil Judge (Junior Division) posts across India.
Background of the Issue:
- Pre-2002: The Supreme Court had mandated 3 years of law practice for entry into judicial services.
- 2002 Order: This condition was removed to attract bright young law graduates and make judicial service more appealing.
- This decision was based on the recommendations of the Shetty Commission (1996), which aimed to improve service conditions for the judiciary.
Key Developments in 2024 Judgment:
- Petitioner: All India Judges Association approached SC to restore the earlier practice.
- Bench: Headed by CJI Bhushan R Gavai, with Justices A G Masih and K Vinod Chandran.
- SC Observation: Recruitment of fresh law graduates “has not been successful” — they lack:
- Practical knowledge of courts,
- Understanding of litigation,
- Sensitivity to human problems.
- Order Highlights:
- Only a practicing lawyer can understand the “intricacies of litigation” and justice delivery.
- States & High Courts directed to amend recruitment rules within 3 months.
- Recruitment already notified will not be affected. The new rule applies to future recruitments only.
Experience Certification Mechanism:
- Candidates must produce:
- Certificate from a lawyer with at least 10 years of Bar practice.
- The certificate must be endorsed by a Principal Judicial Officer.
- High Court/Supreme Court practitioners need a certificate endorsed by a judge-attested senior lawyer.
- Experience counted from provisional registration, formal only after All India Bar Examination clearance.
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