New Delhi: The Supreme Court on Tuesday (May 20) held that fresh law graduates cannot appear in judicial service examination and restored an earlier condition of requirement of three years of minimum practice as an advocate for applying to entry-level posts in judicial service.
The verdict, delivered by a bench headed by Chief Justice of India (CJI) BR Gavai, came on a plea filed by the All India Judges Association.
The bench, while restoring the three years minimum practice requirement to appear for civil judge posts that are lower division cadre, directed all state governments to amend rules to ensure that any candidate to appear for civil judges junior division shall have a minimum practice of three years and this shall be certified and endorsed by a lawyer having standing of 10 years at the bar.
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The bench, while reaffirming the importance of courtroom exposure for prospective judges, said that appointment of fresh law graduates have led to a lot of problems and their direct entry into the judiciary has created practical challenges, as reflected in the reports of various high courts.
“The appointment of fresh law graduates has led to several difficulties, as noted by multiple high courts. Practical experience in court is essential for ensuring judicial efficiency and competence,” CJI Gavai said.
The bench further said that judges deal with matters of life, liberty, property, etc from the very day they assume service and it cannot be answered only by knowledge of books, but by assisting seniors, understanding court and reintroduction of some service as a lawyer is needed.
The apex court said that minimum practice requirement shall not be applicable where the high courts have already commenced the appointment process of civil judges junior division and this shall be applicable only when the next appointment process begins.
“Minimum practice requirement shall not be applicable where the High Courts have already commenced the appointment process of Civil Judges Junior Division before the date of this judgment, and this shall be applicable only when the next appointment process begins,” the top court said.
It further said that all such recruitment processes which were kept in abeyance due to the pendency of this case before the top court shall proceed now in accordance with the amended rules as notified.
