Supreme Court mandates three-year practice rule to enhance quality in judicial appointments.
Case in News
Supreme Court Mandates 3 Year Experience For Judges to raise the standard of Judicial Services.
Case Overview
Case Name : All India Judges Association and Ors. vs. Union of India
In a landmark ruling the Supreme Court of India held that candidates seeking to enter Judicial Services must have at least three years of practice as an advocate . The judgment, delivered by a Bench comprising Chief Justice of India BR Gavai and Justices AG Masih and K Vinod Chandran directed all High Courts and State Governments to amend service rules accordingly . The rule is to be implemented prospectively and will not affect ongoing recruitment processes .
Key Aspects
The case emerged from challenges to the Madhya Pradesh rule mandating three years of legal practice .
- Rule was introduced in 2002 and later adopted by other States .
- Fresh graduates challenged it, citing it as a barrier to opportunity .
- Bar Councils supported the rule citing the need for courtroom exposure .
- Concerns arose over judicial readiness and behavioural issues in fresh recruits .
Legal Insights
The decision touches on judicial qualification and Article 233(2) of the Constitution .
- Article 233(2) governs appointments of District Judges requiring 7 years of practice.
- The Court ruled it does not restrict similar requirements for Civil Judges .
- Experience to be counted from provisional enrollment not post-AIBE .
- Law clerk experience also recognized .
- Certificate of practice must be verified by senior advocates and judicial officers .
Court’s Verdict
The Supreme Court of India directed all States to amend Judicial Services rules within 6 months .
- Mandatory 3 years’ practice applies from future recruitments only .
- 1-year training post-selection now compulsory .
- Pending exams may resume under updated rules .
This ruling in the All India Judges Association case strengthens the quality of entry-level appointments in Judicial Services across India .
Source – Supreme Court of India
Read also– Article 233 of Indian Constitution
