In a significant move aimed at improving the quality and efficiency of the lower judiciary, the Supreme Court of India has ruled that candidates aspiring to become Civil Judges (Junior Division) must possess a minimum of three years of legal practice experience. The verdict, delivered on May 20, 2025, was passed by a bench led by Chief Justice of India B.R. Gavai.
Important Of Ruling
This decision marks a reversal of earlier practices followed by several High Courts that allowed fresh law graduates to directly enter the judicial service without any prior experience in courtrooms. The apex court observed that the appointment of inexperienced candidates had adversely affected judicial functioning and public confidence in the judiciary over the last two decades.
Background Of Issue
Previous Practices: A number of High Courts in India had relaxed the requirement for legal practice, allowing recent law graduates to apply for judicial posts immediately after completing their studies.
Judicial Review: The Supreme Court scrutinized this practice after examining affidavits and feedback from various High Courts. The majority indicated that the lack of courtroom experience among newly recruited judges had led to inefficiencies, procedural delays, and judicial errors.
Key Directives From Supreme Court
All High Courts and respective State Governments must revise their judicial service rules to enforce this new eligibility criterion.
Candidates must have completed at least three years of legal practice as advocates before they can apply for Civil Judge (Junior Division) roles.
The practice period will be calculated from the date of provisional enrollment with the respective State Bar Council.
Proof Of Legal Practice Required
Applicants will need to submit certificates confirming their legal practice, validated by:
A Principal Judicial Officer of the court where the applicant has practiced, or
A senior advocate with no less than 10 years of professional experience, whose certification must be countersigned by a judicial officer.
Experience
Time spent working as a Law Clerk to a judge or judicial officer will also be considered part of the three-year practice requirement.
This new rule will only apply to future recruitment processes. Ongoing selection processes will remain unaffected.
Purpose And Impact Of Decision
To ensure that new judges entering the lower judiciary possess adequate practical knowledge of court procedures.
To enhance the judicial decision-making process by appointing candidates who have experienced litigation firsthand.
To strengthen public trust by improving judicial efficiency and reducing errors arising from inexperience.
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