Guwahati: The Supreme Court on Tuesday modified the eligibility criteria for the Judicial Service exam, ruling that fresh law graduates must now have at least three years of legal practice experience before they can appear for the exam. This decision is linked to the ongoing All India Judges Association case.
The court’s bench, led by Chief Justice of India (CJI) BR Gavai, along with Justices AG Masih and K Vinod Chandran, clarified that fresh law graduates are not eligible for the judicial service examination unless they have at least three years of practice in the legal field.
Ready for a challenge? Click here to take our quiz and show off your knowledge!
The court stated, “We restore the three-year minimum practice requirement to appear for the civil judges (junior division) exam,” emphasizing that lifting the practice requirement previously caused problems when the judiciary appointed fresh graduates without experience.
The court noted that over the past 20 years, appointing fresh law graduates with no practice at the bar had resulted in several issues. “Such fresh law graduates have led to many problems,” the bench observed, as reported by Live Law.
The court stressed the significance of practical experience, stating, “Candidates must equip themselves to understand the intricacies of being a judge. We agree with most high courts that a certain number of years of practice is necessary.”
Ready for a challenge? Click here to take our quiz and show off your knowledge!
To meet the new eligibility criteria, aspiring candidates must submit a certificate from an advocate with at least ten years of standing, and the judicial officer from the respective station must endorse it.
For those practicing in the Supreme Court or High Court, this certificate will serve as proof of their legal practice. Additionally, authorities will consider law clerk experience as part of the three-year mandatory practice requirement.
Since 2002, authorities have allowed fresh law graduates to apply for Munsiff-Magistrate posts without any prior legal practice.
Following several petitions filed in the Supreme Court, the reinstatement of the minimum practice requirement addresses concerns raised about the effectiveness of this approach.