3-yr practice as lawyer must to enter judicial service, rules SC
Noting that the appointment of fresh law graduates as judges has led to many problems, the Supreme Court on Tuesday ruled that a candidate must have at least three years of practice as a lawyer to appear for an examination to enter judicial service.
Restoring the requirement of three-year minimum practice to appear for the Civil Judges (Junior Division) Examination, a Bench led by CJI BR Gavai emphasised that experience as a lawyer was essential to enable the judge to discharge his or her duties and functions efficiently and with confidence and circumspection. The norm was done away with following a top court verdict in 2002.
“All high courts shall make related amendments in the service rules in three months and the state governments concerned shall consider and approve the same within a further period of three months,” said the Bench, which also included Justices AG Masih and K Vinod Chandran.
The top court also increased the Limited Departmental Competitive Examination quota for promotion from the cadre of Civil Judge (Senior Division) to the higher judicial service from 10 to 25 per cent and reduced the qualifying service as a Civil Judge (Senior Division) from five years to three years.
The Bench, however, clarified that the three-year minimum practice condition to enter judicial service will apply only to future recruitments and not the ones already notified by states or high courts before the judgment.
“From the affidavits of almost all high courts, it is seen that for the last 20 years, appointing fresh law graduates 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…,” it said.
“The judges from the day they assume office have to deal with questions of life, liberty, property and reputation of litigants… neither knowledge derived from books nor pre-service training can be an adequate substitute for the first-hand experience of the working of the court system and the administration of justice.
“This is possible only when a candidate is exposed to the atmosphere in the court by assisting seniors and observing how lawyers and judges function. The candidate should be equipped to understand the intricacies of the functions of a judge. 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.”
India