Kishan Dutt
Supreme court laid a law of minimum 3 years of practice to apply for judge post
Kishan Dutt Kalaskar 12 Aug 2025

Supreme court laid a law of minimum 3 years of practice to apply for judge post

Supreme court laid a law of minimum 3 years of practice to apply for judge post

 

INTRODUCTION

In a significant ruling that aims to elevate the quality of the judiciary, the Supreme Court of India has laid down a new standard that is a minimum of three years of legal practice is now mandatory for candidates applying for the post of Civil Judge (junior division) or any other judicial service role. This landmark decision addresses a longstanding concern over the appointment of fresh law graduates as judges without any practical court experience. The Court observed that hands-on exposure to litigation is vital to ensure competence, maturity and proper dispensation of justice.

 

BACKGROUND AND CONTEXT

Earlier, many state judicial service exams allowed law graduates to appear immediately after completing their law degrees, without any prior court practice. While this expanded the pool of eligible candidates, it also raised concerns over the quality and preparedness of young judges. Critics pointed out that fresh graduates often lacked the real-world experience necessary to understand the nuanced challenges of litigation and courtroom management.

To address these concerns, a Constitution Bench of the Supreme Court recently ruled that a minimum of 3 years of actual legal practice must be a prerequisite for appearing in the judicial service examinations. This marks a pivotal shift in how the judiciary views the qualifications for its entry-level positions.

 

 JUDGEMENT HIGHLIGHTS

1.       Minimum practice requirement – No candidate shall be eligible to apply for the post of Civil Judge unless they have completed a minimum of 3 years of continuous practice at the Bar.

2.       Bar council registration – The candidate must be enrolled with the Bar Council and provide proof of active practice through affidavits, court appearances or case diaries.

3.       Rationale – The Bench noted that courtroom practice hones essential skills such as legal reasoning, procedural understanding and courtroom ethics that are vital for judges.

4.       Prospective effect – The ruling will apply prospectively, meaning future advertisements for judicial service posts must comply with this rule.

 

RELEVANT CONSTITUTIONAL AND STATUTORY PROVISIONS

        Article 233(2) of the Indian Constitution – Requires a minimum of 7 years of practice for appointment as a District Judge.

        Article 234 of the Indian Constitution – Provides for appointments for persons other than District Judges (Junior Civil Judges) through rules made by the Governor in consultation with the high court.

        Judicial Service Rules ( State-specific) – These rules now require amendment in line with the Supreme Court directive.

 

FAQs

Q1. Who will be affected by this ruling?

Fresh law graduates who wish to apply directly for judicial service exams will now have to complete 3 years of legal practice before they can apply.

 

Q2. Is this rule applicable to all states?

 Yes, since the ruling is from the Supreme Court, it is binding across all states and applies uniformly to all state judicial service commissions.

 

Q3. What constitutes “legal practice”?

 Legal practice includes appearing in courts, drafting, and advising clients under a senior advocate’s supervision. Internships or moot courts do not count as legal practice.

 

Q4. Will this delay the entry of judges into the system?

 While it may delay entry, the Court believes the quality of judges will improve, leading to better justice delivery in the long run.

 

Q5. How will this be verified?

 Candidates will need to submit proof of practice such as appearances recorded in court orders, affidavits from senior advocates, or case handling logs.

 

CONCLUSION

This historic decision by the Supreme Court is a step in the right direction to uphold the dignity and competence of the judiciary. By mandating a minimum of 3 years of legal practice, the apex court ensures that only experienced and mature professionals take up the mantle of judgeship. As India continues to strive for timely and quality justice, this ruling serves as a foundational reform that prioritizes merit, maturity, and practical wisdom over mere academic qualifications.

As the states align their judicial recruitment policies with this new directive, legal aspirants must now look beyond classroom learning and seek hands-on courtroom exposure before donning the judicial robe.

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