SC reviews mandatory three-year law practice requirement for judges

The Supreme Court on Jan 15 invited views from all high courts, national law universities, and law schools across the country on the requirement of a minimum of three years of legal practice to appear for entry-level judicial services examinations.

The matter came up before a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vijay Bishnoi during the hearing of a petition filed by Bhumika Trust.

The plea sought relaxation of the three-year minimum practice requirement for law graduates belonging to the Persons with Disabilities category.

The petitioner argued that specially abled law graduates often do not get opportunities to work under practicing lawyers, making it difficult for them to fulfill the mandatory practice period. On this basis, the petition sought an exemption from the requirement.

The bench, however, observed that any relaxation or enabling condition should apply uniformly to all candidates.

The petitioner also referred to an exemption previously granted to specially abled candidates in Madhya Pradesh.

The court noted that granting exemptions to specific categories could create unintended consequences once candidates enter service and emphasized the need for uniform rules across states.

“We find that young students are disappointed and demoralized as well with this decision. We are planning to get feedback from the students in the National Law Universities (NLUs) and all High Courts. If at all any variation is required at all, we will do it for everyone,” the court said.

The bench said that before taking a comprehensive view on the request for exemption for PwDs, it would be appropriate to seek inputs from all High Courts and NLUs to gain a broader perspective on the three-year practice requirement.

“We direct all the High Courts to place this order before their hon’ble chief justices. All the HCs as well as NLUs and law schools are requested to give their suggestions within four weeks,” the bench said.

On May 20 last year, a bench headed by former Chief Justice B R Gavai barred fresh law graduates from appearing in entry-level judicial services examinations and mandated a minimum of three years of legal practice before eligibility.

In that verdict, the court relied on affidavits submitted by almost all high courts, which indicated that appointing fresh law graduates as judicial officers without any experience at the Bar had not been a successful experiment.

The court noted that such recruits often displayed behavioral and temperamental issues after joining the judicial service.

While acknowledging that young law graduates may have limited opportunities, the court said courtroom exposure, interaction with litigants, and handling briefs were essential to understanding the responsibilities of various stakeholders in the justice delivery system.

“It would bring in a sensitivity to human problems, more clarity in the decision-making process, and educate them on the role of the Bar in justice dispensation,” the court added.