In a recent judgment, the Supreme Court of India clarified that experience gained by candidates working as law clerks with judges or judicial officers will be included in the mandatory three-year practice requirement for applying to the post of Civil Judge (Junior Division).
"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,"
– Supreme Court Bench led by Chief Justice of India BR Gavai
This decision was made while restoring the earlier rule that required a minimum of three years of legal practice to be eligible for judicial service entry. The bench, also comprising Justice A.G. Masih and Justice K. Vinod Chandran, pronounced the verdict in the All India Judges Association case.
The Court also specified that this three-year condition would not apply to recruitment processes already notified by various State Governments or High Courts before the date of this judgment. Hence, the revised eligibility criteria will be applicable only to future recruitments.
The Court criticized the previous policy of allowing fresh law graduates to directly enter the judiciary without any practical experience. The judges noted that such appointments had not been successful over the past two decades.
"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 Court emphasized that judicial officers deal with crucial issues involving life, liberty, property, and the reputation of individuals from their very first day in office. The bench highlighted that theoretical knowledge or pre-service training cannot substitute for real courtroom experience.
"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."
According to the Court, hands-on exposure to court functioning helps candidates understand the complex responsibilities of a judge. Observing lawyers and judicial officers in practice is essential for future judges to perform effectively.
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"The candidates should be equipped to understand the intricacies 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."
This ruling aims to enhance the quality of the judiciary by ensuring that newly appointed judges are better prepared through actual legal practice or relevant court experience.
