The Supreme Court has reinstated an important eligibility requirement for candidates aspiring to enter the judicial services. To qualify for entry-level judicial posts, such as Civil Judge (Junior Division), applicants must now have a minimum of three years of legal practice experience.
Background And Reasoning
This ruling reverses the 2002 decision that permitted fresh law graduates to directly join the judiciary without any prior practical experience. The Court noted that appointing judges without hands-on courtroom exposure had negatively impacted judicial effectiveness, as such judges often lacked the skills necessary to handle complex legal issues efficiently.
Details Of Requirement
The three-year legal practice period will be counted from the date the candidate receives provisional enrollment as an advocate, rather than the date of passing the All India Bar Examination (AIBE). To confirm this experience, candidates must present a certificate from a practicing advocate with at least ten years of experience, which must be countersigned by a judicial officer of the relevant court. Experience gained while serving as a law clerk under judges will also be considered valid legal practice.
Applicability And Implementation
The Supreme Court clarified that this criterion will be applied going forward and will not impact recruitment processes that are already underway in various High Courts. State Governments and High Courts have been instructed to revise their service rules accordingly to include this eligibility condition for future judicial appointments.
Impact On Judicial Aspirants
This ruling changes the pathway for law graduates aiming to join the judiciary by emphasizing the necessity of real-world legal experience. Although this may lengthen the time before candidates can enter judicial service, it is intended to improve the overall competence and quality of judges. Aspiring judicial officers must now actively engage in legal practice or clerkships to meet this requirement, thereby acquiring essential experience to better fulfill their judicial responsibilities in the future.
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