BREAKING: THREE YEAR PRACTICE RESTORED FOR CIVIL JUDGE POST, APPLICABLE ONLY FROM NEXT RECRUITMENT: SUPREME COURT

In the judgment, the Court said that allowing fresh law graduates to enter judicial service without even a single day of practice has led to problems.

"For the last 20 years, during which the recruitment of fresh law graduates have been appointed as judicial officers without a single day of practice at the bar has not been a successful experience. Such fresh law graduates have led to many problems..

The judges, from the very day when they assume office, deal with the issues of life, liberty, property, and reputation of litigants. Neither knowledge based on law books nor pre-service training could be an adequate substitute to the first hand experience of the working of the court system and administration of justice. This is possible when the candidate is exposed to the working of the court...and observing how lawyers and judges function in the court.

The candidates should be equipped to understand the intracies of a judge and therefore, we are in agreement with most of the high courts that the requirement of the introduction of certain number of years of practice is necessary,"

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Supreme Court Mandates Minimum Practice Of 3 Years As Advocate To Enter Judicial Service

The states where recruitments were stayed will proceed according to the rules as they were when such notification was made.

Experience as law clerk will also count towards 3-year practice.

The minimum practice condition will, however not apply to recruitment process already initiated by the High Courts before today. In other words, this condition will apply only to future recruitments.

7. Said practice of minimum qualification shall not apply to those where the HCs has also notified the process

6. Rules should also mandate that the candidate must undergone 1 year of mandatory training

4. All HCs and States where rules are not framed for promotion to high cadre shall frame fresh rules keeping in mind where candidate posses knowledge, ACR for 5 years, judgment authored, awareness and communication skills

5. HC and States shall amend service rules for practice for minimum 3 years to appear for LDC, the candidate must posses certificate by Principal Judge; for candidates practising in HCs, it should be duly endorsed by advocate having practice for 10 years

CJI: directions

1. State gov shall amendment service rules for LDC, higher division to increase 25%

2. all HCs and State gov so that 10% be reserved for accelerated posts

3. minimum qualification- 3 years (LDC),

CJI: the appointment of fresh law graduates has led to many problems, as seen from the affidavit of the high courts....this is possible only when the candidate is exposed with the working with the court...we are in agreement with the high courts that a minimum no. of practice is necessary