Institute of Legal and Management Studies

While restoring the 3-year practice condition to apply for Civil Judge (Junior Division) posts, the Supreme Court clarified that experience as law clerks of Judges will be counted towards the said 3-year practice.

"We further direct that the experience of the candidate, which they have gained working as law clerks with any of the judges or judicial officers of the country, will also be considered while calculating the total number of years of practice," ordered the bench comprising Chief Justice of India BR Gavai, Justice AG Masih and Justice K Vinod Chandran.

The Court further clarified that the 3-year practice condition will not apply to the recruitment process already notified by the States/High Courts before today's judgment. In other words, the minimum practice condition will apply only to future recruitment processes.

Allowing fresh law graduates to enter the judiciary has led to problems

In the judgment, the Court said that allowing fresh law graduates to enter judicial service without even a single day of practice has led to problems.

"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 judges, from the very day when they assume office, deal with the issues of life, liberty, property, and reputation of litigants. 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. This is possible when the candidate is exposed to the working of the court...and observing how lawyers and judges function in the court.

The candidates should be equipped to understand the intracies 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,"

A bench comprising Chief Justice of India BR Gavai, Justice AG Masih and Justice K Vinod Chandran pronounced the verdict in the All India Judges Association case.