Institute of Legal and Management Studies

While the Supreme Court in a significant judgment today (May 20) restored the minimum three years practice as an advocate to apply for the post of Civil Judge (Junior Division), it should be noted that not all High Courts and States were on the same pedestal on this issue.

While most States and High Courts supported the restoration of this condition, there was a lack of unanimity regarding the number of years.

During the hearing of this matter, Senior Advocate and Amicus Curiae Siddharth Bhatnagar had referred to affidavits filed by various High Courts and the State Governments. He had submitted that there is a lack of uniformity in terms of the standard adopted for the minimum condition of practice.

While most High Courts and States advocated for at least 3 years as a minimum practice in addition to a law degree, some States did not feel the need to impose any such condition.

Haryana, Chhattisgarh, Nagaland and Tripura Governments totally opposed the introduction of such practice. Also, the High Courts of Rajasthan and Sikkim have opposed the introduction of minimum practice.

There are also High Courts and States that have adopted contrary stands. While the High Court of Chhattisgarh recommended a minimum of 3 years of practice, the Government of Chhattisgarh has opposed it. Likewise, the stand of the High Court of Punjab & Haryana is opposed by the State of Haryana.

Two High Courts, the High Court of Allahabad and the High Court of Calcutta, have supported the reintroduced of "some prior" practice. But have not specified the minimum year.

A bench of Chief Justice of India B.R. Gavai, Justice A.G. Masih and Justice K Vinod Chandran observed that the period of practice shall be calculated from the date of provisional enrollment. However, the same condition shall not apply to the recruitment process already initiated by the High Courts. This requirement of minimum years of practice was done away with in the third All India Judges Association & Ors (2002) case.

Other stories about the judgment can be read here.

Case : All India Judges Association vs Union of India (Minimum Practice & LDCE issue)

Citation : 2025 LiveLaw (SC) 601

Click here to read the judgment