SC: 3-Year Legal Practice Must To Appear In Judicial Services Exam, Apex Court Upholds Madhya Pradesh High Court Order

Bhopal (Madhya Pradesh): Stressing on the importance of court-room experience for prospective judges, the Supreme Court on Tuesday restored the minimum three-year legal practice requirement to appear in the civil judge exams.

The order was a sequel to several petitions challenging a mandatory three-year legal practice requirement for aspiring civil judges, introduced by the Madhya Pradesh high court through a 2002 amendment to its judicial service rules.

A bench headed by Chief Justice of India BR Gavai, in its judgment, concluded that induction of fresh law graduates with zero experience in litigation was found to be detrimental. Such entrants often lacked the necessary practical experience to effectively discharge judicial responsibilities.

The apex court noted that though there was no uniformity in all the states with regard to minimum qualifications for being eligible to the post of civil judge-cum-magistrate first class/magistrate first class/munsif magistrate, most of the states required minimum three years’ practice as a lawyer in addition to the law degree.

The SC observed that the recruitment of “raw graduates” as judicial officers without any training or background of legal practice had not proved to be a successful experiment. The court further noted that from the first day of his/her assuming office, a judge had to decide, among others, questions of life, liberty, property and reputation of the litigants. The court further noted that to induct graduates fresh from the universities to occupy seats of such vital powers was neither prudent nor desirable.

The SC further found that neither knowledge derived from books nor pre-service training could be an adequate substitute for the first-hand experience of the working of the court system and the administration of justice begotten through legal practice.

The court found that experience as a lawyer was essential to enable the judge to discharge his/her duties and functions efficiently and with confidence and circumspection. The court, therefore, directed all the states to prescribe a minimum of three years’ practice as a lawyer as an essential qualification for appointment as a judicial officer on the lowest rung.