Published by Vashishth Academy β Ludhianaβs Trusted Institute for UPSC, PCS & Judiciary Prep
π 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.
ποΈ Background: The Rise, Fall & Return of the Rule
| Timeline | Event |
|---|---|
| 1958 | 14th Law Commission recommends 3β5 yearsβ 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. |
π Earlier, the belief was that strong pre-service training could replace courtroom exposure β but the Court now emphasizes that practical knowledge is irreplaceable.
π Key Highlights of the Supreme Court Judgment
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Minimum 3 years of legal practice required
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Must be certified by a senior advocate with 10+ years of experience.
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Law clerkship experience will count as valid practice.
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1-year mandatory judicial training before appointment to the bench.
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Applies to all candidates appearing for Judicial Services Exams across states.
π Criticisms & Concerns Raised
Despite its intention to improve quality, the ruling has sparked debate:
| Issue | Details |
|---|---|
| π° Economic Disadvantage | Fresh lawyers earn as low as βΉ15,000/month, deterring poor/rural aspirants. |
| π©ββοΈ Gender Impact | May reduce female representation (already 38% at district level β India Justice Report 2022). |
| π Irregular Exams | State judicial exams are unpredictable, increasing uncertainty for aspirants. |
| π§ Loss of Top Talent | Law graduates from NLUs and top colleges prefer corporate jobs due to better pay and clarity. |
π‘ Alternative Suggestions by Legal Experts
Several law scholars argue that reform is better than restriction. Proposed solutions include:
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Extended Judicial Training
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2-year pre-service courses with mentorship, live court simulations, and judgment writing practice.
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Exam Pattern Reform
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Shift from rote memorization to scenario-based questions and judgment writing tasks.
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Dual Entry System
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One stream for experienced lawyers
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Another for freshers with strong training and supervision
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π§ 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 β PCS & SSC |