Top Court restores 3-year law practice rule for judicial service

The Supreme Court on Tuesday ruled that candidates must have a minimum of three years experience as practising lawyers to be eligible for entry-level posts in the judicial service as Munsiff Magistrates. The top court reinstated the minimum practice requirement, which it had done away with in 2002.

A bench of Chief Justice of India (CJI) BR Gavai and Justices AG Masih and K Vinod Chandran observed that allowing fresh law graduates to join the judicial service without any practical experience has "led to many issues".

"We hold that the three-year minimum practice requirement to appear for civil judges (junior division) exam is restored .... All State governments shall amend rules to ensure that any candidate appearing for the civil judges (junior division) exam shall have a minimum practice of three years," the top court held.

The legal practice experience of a candidate shall be certified and endorsed by a lawyer having standing of 10 years at the Bar. Experience as a law clerk to judges shall also be counted in this regard and the judicial service entrants must undergo a year of training before presiding in a court, the court said.

"For the last 20 years, during which the recruitment of fresh law graduates have been appointed as judicial officers without a single day of practice at the bar has not been a successful experience." the top court added. However, the bench clarified that the rule will apply only to future recruitments and will not affect ongoing recruitment processes.

The requirement was initially in place in several states. However, in 2002, the Supreme Court removed the condition, allowing fresh law graduates to apply for Munsiff Magistrate posts. Subsequently, petitions were filed in the Supreme Court seeking the reinstatement of the rule that only practising lawyers should be eligible. Several High Courts also supported the move to reintroduce the minimum practice requirement.