Supreme Court Mandates Minimum Three-Year Advocate Practice for Judicial Service Entry
On May 20, 2025, the Supreme Court of India reinstated the requirement for a minimum of three years of legal practice as an advocate for candidates aspiring to join the judiciary as Civil Judges (Junior Division).
This decision overturns a 2002 ruling that allowed fresh law graduates to directly appear for judicial service examinations. The Court emphasized that practical courtroom experience is essential for judicial competence, as theoretical knowledge alone is insufficient for handling complex legal matters involving life, liberty, property, and reputation.
Key Points:
Restoration of Minimum Practice Requirement:
The Supreme Court's judgment mandates that candidates must have at least three years of practice as an advocate to be eligible for Civil Judge (Junior Division) posts. This condition applies to all future recruitments, with the period of practice being reckoned from the date of provisional enrollment.
Exemptions for Ongoing Recruitment Processes:
The new requirement does not affect recruitment processes already initiated by High Courts before the judgment. Such ongoing processes will proceed under the existing rules.
Certification of Practice:
Candidates must provide a certificate verifying their three years of practice, issued by either the Principal Judicial Officer of the concerned court or an advocate with a minimum of ten years of standing, endorsed by the Principal Judicial Officer.
Recognition of Law Clerk Experience:
Experience gained as a law clerk with any judge or judicial officer will be considered towards fulfilling the three-year practice requirement.
Rationale Behind the Decision:
The Court noted that allowing fresh law graduates to enter judicial service without practical experience has led to various issues over the past two decades. It emphasized that exposure to the workings of the court system and firsthand experience are crucial for aspiring judges to handle complex legal matters effectively.
This landmark decision underscores the importance of practical legal experience in ensuring the competence and effectiveness of judicial officers in India.