Supreme Court verdict on judicial recruitment sparks challenge; petition seeks 2027 start for Bar rule to ensure fairness for recent law graduates.
Case in NewsSupreme Court of India Review Petition filed to delay enforcement of three-year Bar experience for Judicial Services. |
Case Overview
Case Name – All India Judges Association and Ors vs. Union of India
A Review Petition has been filed in the Supreme Court of India challenging its May 20 verdict that made it mandatory for candidates to possess three-year Bar experience to be eligible for the post of Civil Judge (Junior Division) . The Bench comprising CJI BR Gavai and Justices AG Masih and K Vinod Chandran issued directions to amend service rules across states . The petition filed by Advocate Chandra Sen Yadav through Advocate Kunal Yadav, seeks prospective implementation of the rule from 2027 to protect the rights of recent law graduates .
Key Aspects
The petition strongly criticizes the immediate enforcement of the rule and highlights its harsh impact on aspirants who graduated between 2023–2025. It claims the judgment violates equality and fairness especially for candidates from disadvantaged backgrounds .
- Mandating three-year Bar experience affects fresh graduates awaiting Judicial Services exams .
- Petition argues violation of constitutional rights under Articles 14 and 16 .
- Aspirants from SC, ST, and OBC categories face disproportionate exclusion .
- No empirical data was submitted to support the rule change .
- Uniform rule across states seen as infringing upon state legislative and Public Service Commission powers.
Legal Insights
The petition raises significant constitutional concerns :
- Article 14 – Right to Equality : Rule causes arbitrary discrimination among candidates .
- Article 16(1) – Equality of Opportunity : Limits access to public employment unjustly .
- Doctrine of Legitimate Expectation – Candidates prepared under prior rules and had reason to expect continuity .
- Federalism Principle – Imposing uniform rules may breach state powers under the Constitution .
- Lack of Data – No evidence placed before the Court proving that fresh graduates underperform as judges.
Court’s Verdict
The Supreme Court of India directed High Courts and state governments to amend rules making three-year Bar experience mandatory for the recruitment of judges . However, recruitments already initiated before the judgment are exempt from this new condition .
Source – Supreme Court of India
Read also – Article 14 of Indian Constitution
