Mandatory 3 years practice for being a civil judge

Introduction

The Supreme Court of India has upheld the requirement for candidates aspiring to join the judiciary to have three years of legal practice experience. This means that new law graduates must work as practicing advocates for at least three years before they can take the civil judge (junior division) exams.

The decision is intended to ensure that judicial officers have practical legal experience, which is seen as crucial for handling cases effectively. The court clarified that serving as a law clerk to a judge will also count towards the three-year practice period, and candidates must undergo one year of judicial training before starting courtroom duties.

However, this rule will not affect ongoing selection processes where High Courts have already started recruitment. It will only apply to future appointments.

Positive Impacts

• Stronger Judicial Competence: Judges will enter the judiciary with hands-on experience, making them more confident and capable in handling cases.

• Better Understanding of Litigation: Having worked as advocates, judicial officers will better grasp court procedures, legal arguments, and challenges faced by litigants.

• More Practical Decision-Making: Real-world experience will help judges make judgments that are grounded in legal practicality rather than just theoretical knowledge.

• Greater Competition for Judicial Positions: The extra practice years could lead to fewer but highly competent candidates applying for judiciary exams, enhancing the quality of judicial appointments.

Negative Impacts

• Delayed Judicial Appointments: The requirement adds an extra three years before aspiring judges can qualify, leading to a slower influx of new judicial officers.

• Financial Pressure on Aspirants: Many candidates may struggle with low-paying or unpaid internships, making judicial careers harder to pursue for economically weaker students.

• Potential Shortage of Judges: If fewer candidates can meet the eligibility criteria, the judiciary might face delays in filling vacant positions, affecting overall efficiency.

Conclusion

The three-year legal practice requirement is designed to enhance the competence of judges by requiring them to have practical legal experience before being appointed. Although it enhances decision-making and public confidence, it can also slow down the recruitment process and create financial difficulties for prospective judges.