The Supreme Court on Tuesday reinstated the requirement of candidates having a minimum of three years of practice at law before they could be considered for judicial service, overturning its own 2002 judgment allowing recent law graduates to apply for civil judge (junior division) posts.
The verdict was rendered by a Bench led by Chief Justice of India (CJI) Bhushan R. Gavai and consisting of Judges A.G. Masih and K. Vinod Chandran. The verdict was delivered in reply to a plea moved by the All India Judges Association, calling for restoration of the previous eligibility standards to improve the standard of judicial appointments.
Court References Issues Over Last Two Decades
Looking back at the 2002 decision, which had welcomed new law graduates to the judiciary, the Bench declared that experience over the past 20 years indicated the initiative proved ineffective.
“With the recruitment of law graduates, it has been seen that the endeavour has not been successful. It has led to many problems,” the court observed, saying judicial officers with no practical experience in a courtroom are not sensitive or understanding enough for judicial work.
The previous ruling, on the basis of suggestions by the Shetty Commission, had contended that insisting on three years of experience might discourage talented graduates from entering the judiciary. Recent feedback from high courts, however, suggested that recruits were likely to be without basic literacy on the aspects of litigation and judicial process.
Practical Experience Now Mandatory
The Court emphasised the irreplaceable nature of the experience of litigation, saying:
“Only a practicing advocate can appreciate the nuances of litigation and administration of justice.”
The candidates will now be mandated to possess a minimum of three years of legal practice, and the same will be calculated from the date of provisional enrollment with a Bar Council, and not from the date of clearing the All India Bar Examination (AIBE). This allowance is made for the different timetables of the AIBE.
Certification Process And Exceptions
Applicants would now have to provide an experience certificate issued by a lawyer of at least 10 years’ standing at the Bar. Such a certificate should also be signed by a principal judicial officer of the concerned court. For High Courts and the Supreme Court, certification by a senior lawyer should be signed by a sitting judge.