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Supreme Court Reinstates 3-Year Practice Rule for Judicial Services

Published by Vashishth Academy – Ludhiana’s Trusted Institute for UPSC, PCS & Judiciary Prep


πŸ“Œ Context: A Landmark Ruling on Judicial Entry

The Supreme Court of India has revived the 3-year legal practice requirement for candidates seeking entry into the subordinate judiciary.
This decision, delivered by a bench led by Chief Justice B.R. Gavai, aims to ensure that new judges have adequate real-world legal experience before taking charge of courtrooms.


πŸ›οΈ Background: The Rise, Fall & Return of the Rule

Timeline Event
1958 14th Law Commission recommends 3–5 years’ legal practice for judicial posts.
2002 Rule removed after Justice Shetty Commission suggests direct recruitment from law schools.
2024 Supreme Court reinstates the rule, citing poor outcomes of fresh graduate appointments.

πŸ” Earlier, the belief was that strong pre-service training could replace courtroom exposure β€” but the Court now emphasizes that practical knowledge is irreplaceable.


πŸ“œ Key Highlights of the Supreme Court Judgment

  1. Minimum 3 years of legal practice required

    • Must be certified by a senior advocate with 10+ years of experience.

  2. Law clerkship experience will count as valid practice.

  3. 1-year mandatory judicial training before appointment to the bench.

  4. Applies to all candidates appearing for Judicial Services Exams across states.


πŸ“‰ Criticisms & Concerns Raised

Despite its intention to improve quality, the ruling has sparked debate:

Issue Details
πŸ’° Economic Disadvantage Fresh lawyers earn as low as β‚Ή15,000/month, deterring poor/rural aspirants.
πŸ‘©β€βš–οΈ Gender Impact May reduce female representation (already 38% at district level – India Justice Report 2022).
πŸ• Irregular Exams State judicial exams are unpredictable, increasing uncertainty for aspirants.
🧠 Loss of Top Talent Law graduates from NLUs and top colleges prefer corporate jobs due to better pay and clarity.

πŸ’‘ Alternative Suggestions by Legal Experts

Several law scholars argue that reform is better than restriction. Proposed solutions include:

  1. Extended Judicial Training

    • 2-year pre-service courses with mentorship, live court simulations, and judgment writing practice.

  2. Exam Pattern Reform

    • Shift from rote memorization to scenario-based questions and judgment writing tasks.

  3. Dual Entry System

    • One stream for experienced lawyers

    • Another for freshers with strong training and supervision


🧠 For Exam Aspirants: Relevance in UPSC, PCS, and Judiciary Exams

Topic Exam Paper
Indian Polity UPSC GS-2
Judiciary Reforms Essay & Ethics (UPSC Mains)
Legal Aptitude State Judiciary Exams
Governance GS Papers – PCS & SSC
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