Supreme Court Mandates Three Years of Legal Practice for Judicial Service Entry

In a landmark judgment delivered on May 20, 2025, the Supreme Court of India mandated a minimum of three years of legal practice as a prerequisite for applying to the Civil Judge (Junior Division) post. The ruling, led by a bench headed by Chief Justice of India B.R. Gavai, aims to enhance the quality of the judiciary by ensuring that candidates have hands-on experience in litigation before assuming judicial roles.

Why in News?

The decision is significant because it restores a legal practice requirement that had been waived by several High Courts, allowing fresh law graduates with no courtroom experience to become judges. The Supreme Court found this practice ineffective over the past two decades and deemed it detrimental to judicial efficiency and public trust.

Background

• Earlier, several High Courts permitted direct recruitment of fresh law graduates into the judiciary.
• The SC reviewed affidavits submitted by High Courts, which reported negative outcomes of appointing inexperienced candidates.

Key Judgments and Directions

• All High Courts and State Governments must amend service rules.
• Minimum three years of practice as an advocate is now mandatory for applying to the Civil Judge (Junior Division) post.
• The period of practice will be counted from the date of provisional enrollment with the Bar Council.

Certification Requirements

Candidates must provide proof of practice certified by,

• Principal Judicial Officer of the court, or
• Advocate with at least 10 years’ experience, endorsed by a judicial officer.

Additional Considerations

• Experience as a law clerk to a judge or judicial officer will be counted toward the three-year requirement.
• The rule will apply to future recruitment cycles only and not those already underway.

Objectives and Significance

• Ensures that newly appointed judges have practical exposure to court proceedings.
• Strengthens the judiciary by appointing officers who understand the realities of litigation.
• Aims to reduce errors and inefficiencies stemming from inexperience.