The Supreme Court on Tuesday ruled that candidates must have a minimum of three years’ experience as practising lawyers to be eligible for entry-level posts in the judicial service as Munsif Magistrates. The top court reinstated the minimum practice requirement, which it had done away with in 2002.
"We hold that the three-year minimum practice requirement to appear for civil judges (junior division) exam is restored .... All State governments shall amend rules to ensure that for any candidate appearing for civil judges (junior division) exam shall have a minimum practice of three years," a bench of Chief Justice of India (CJI) BR Gavai and Justices AG Masih and K Vinod Chandran ruled.
The legal practice experience of a candidate shall be certified and endorsed by a lawyer having standing of 10 years at the Bar. Experience as a law clerk to judges shall also be counted in this regard and the judicial service entrants must undergo a year of training before presiding in a court, the court said.
Explaining the rationale behind the judgment, the Court said that allowing fresh law graduates to join the judicial service without any practical experience has created several challenges, legal news website Live Law said.
"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 top court said.
