Institute of Legal and Management Studies

While restoring the 3-year minimum practice requirement to apply for Civil Judge (Junior Division) posts, the Supreme Court expressed concern over the appointment of fresh law graduates as judicial officers without any prior experience at the Bar, terming the practice unsuccessful and problematic over the past two decades.

"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. Such fresh law graduates have led to many problems," the Court stated in its judgment.

"The experience of various High Courts has also shown that such fresh law graduates, upon their entry in judicial service, begin to show behavioural and temperament problems," the Court said.

The Court emphasized that judicial officers are entrusted with matters involving life, liberty, property, and reputation from the very first day of their tenure. In such a scenario, theoretical knowledge acquired through law books or pre-service training is insufficient to meet the complex demands of the role.

“Neither knowledge based on law books nor pre-service training could be an adequate substitute to the first-hand experience of the working of the court system and administration of justice,” the Court observed.

Highlighting the importance of practical exposure, the judgment noted that aspiring judges must be acquainted with courtroom dynamics, including how lawyers argue and how judges conduct proceedings. Such exposure, the Court said, is critical in preparing candidates to grasp the intricacies of the judicial role.

Expressing agreement with the prevailing view among several High Courts, the Supreme Court endorsed the introduction of a minimum practice requirement for judicial service aspirants. “The candidates should be equipped to understand the intricacies of a judge and therefore, we are in agreement with most of the High Courts that the requirement of the introduction of certain number of years of practice is necessary,” the Court concluded.

The Court however clarified that the condition will apply only to future recruitment processes. The appointment processes already notified by the High Courts can proceed without the this condition.

The experience gained as law clerks of Judges will be considered towards the 3-year practice period.

Other reports about the judgment can be read here.

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