Supreme Court modifies Judicial Service exam eligibility: ‘Minimum 3 years legal practice needed’

The Supreme Court on Tuesday modified Judicial Service exam eligibility criteria and said that fresh law graduates need at least 3 years legal practice experience to appear for the exam. This verdict comes in connection with the All India Judges Association case.

“Fresh law graduates can't appear in judicial service examination, minimum of 3 yrs of legal practice needed,” the apex court said. The Supreme Court bench presided by Chief Justice of India (CJI) BR Gavai, justices AG Masih and K Vinod Chandran gave the ruling on May 20, specifying years of practice needed as a lawyer to enter judicial service.

In the order, the court said, “We hold that the three-year minimum practice requirement to appear for civil judges (junior division) exam is restored," after noting that the appointment of fresh law graduates in the judiciary created many problems. However, this requirement will not apply to ongoing judicial recruitment, the court clarified.

“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 bench observed, as quoted by Live Law.

Emphasising the importance of practical and ground experience, the court said, “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.”

Judicial Service exam eligibility criteria

Aspiring candidates will now require a certificate from an advocate having a minimum standing of ten years, endorsed by the judicial officer of that station, to fulfil the required condition.

Notably, a certificate from an advocate having a minimum standing of ten years, endorsed by an officer designated by the Court, will act as proof in case the individual willing to enter judicial service is practising at the Supreme Court or the High Court. Besides this, experience as law clerks will also be considered in the 3 years mandatory practice condition.

Since 2002, fresh law graduates could apply for Munsiff-Magistrate posts. Several pleas were filed in Supreme Court seeking to reinstate the minimum practice requirement after it was abolished more than 20 years ago.