Judicial service: Curbs on fresh law graduates make sense

THE Supreme Court has restored the precondition of three years’ legal practice for aspirants to entry-level posts in the judicial service. This means that newly minted graduates from law schools cannot appear in the civil judges (junior division) examination. According to Chief Justice of India (CJI) BR Gavai, “practical experience in court is essential for ensuring judicial efficiency and competence.” The CJI has rightly observed that allowing fresh law graduates direct entry into the judiciary has created problems, as highlighted in reports submitted by various high courts. The variation in rules across states is another impediment.

A key argument in favour of mandatory legal practice is that it can equip candidates to handle the tasks entrusted to judicial officers, such as important matters of life and liberty. When it comes to learning the nitty-gritty of court proceedings, bookish knowledge is no match for the experience gained from assisting seniors in the legal profession. The Bar Council of India and several state Bar councils have repeatedly asserted that prior practice at the Bar stands judges in good stead while dealing with complex legal issues and understanding the perspective of advocates as well as litigants. However, academicians and law graduates are staunchly against any curbs on potential entrants to the judicial service. They view the precondition as a stumbling block that could discourage many young, meritorious aspirants from pursuing a judicial career.

The huge pendency of cases in Indian courts, particularly the lower judiciary, is invariably linked to an acute shortage of judges. However, it’s the quality of judicial officers that matters more. Law schools and judicial academies have a big role to play in this regard, but the training provided by these institutions has its limitations. The three-year norm will certainly shrink the talent pool, but long-term gains are expected if it brings more competent, well-trained people into the judicial arena and helps in improving the administration of justice. At the same time, greater emphasis must be laid on filling vacancies of judges and reducing the case backlog.

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