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
-
Minimum 3 years of legal practice required
-
Must be certified by a senior advocate with 10+ years of experience.
-
-
Law clerkship experience will count as valid practice.
-
1-year mandatory judicial training before appointment to the bench.
-
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:
-
Extended Judicial Training
-
2-year pre-service courses with mentorship, live court simulations, and judgment writing practice.
-
-
Exam Pattern Reform
-
Shift from rote memorization to scenario-based questions and judgment writing tasks.
-
-
Dual Entry System
-
One stream for experienced lawyers
-
Another for freshers with strong training and supervision
-
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 |