Three years of practice as advocates now must for candidates for Civil Judges (Junior Division): SC

The court said that the number of years of practice either in district courts, or High Court or the Supreme Court would be calculated from the date of their provisional enrolment or registration with the concerned State Bar Council.

New Delhi: The Supreme Court on Tuesday directed all the High Courts and the state governments in the country to amend the relevant service rules to the effect that candidates desirous of entering the judicial services as Civil Judge (Junior Division) will now have to possess three years experience as advocates.

A bench of Chief Justice of India B R Gavai and Justices Augustine George Masih and K Vinod Chandran said the candidates must have practised for the minimum period to be eligible for the recruitment examination.

"We are conscious of the fact that in the initial years, the opportunities available to a young lawyer, fresh from college will be minimal. However, the exposure to courts and more particularly litigants and their briefs would acquaint them with the onerous duties and responsibilities of every stakeholder in the judicial system. It would bring in a sensitivity to human problems, more clarity in the decision making process and educate them of the role of the Bar in justice dispensation," the bench said.

The court noted the experience of various High Courts has shown that such fresh law graduates, upon their entry in judicial service, begin to show behavioural and temperament problems.

"We are therefore in agreement with the views expressed by most of the High Courts that the requirement of reintroduction of a certain number of years of practice would be necessary," the bench said.

The number of years of practice either in district courts, or High Court or the Supreme Court would be calculated from the date of their provisional enrolment or registration with the concerned State Bar Council, the court said.

"We further direct that the experience of the candidates which they have gained while working as Law Clerks with any of the judges or judicial officers in the country should also be considered while calculating their total number of years of practice," the bench said.

Besides, the court ordered, the rules should also mandate that the candidates who are appointed to the post of Civil Judge (Junior Division) pursuant to their selection through the examination must compulsorily undergo at least one year of training before presiding in a court.

The court clarified that the requirement of minimum years of practice would not be applicable in cases where the concerned High Court has already initiated the selection process.

The bench ordered, all the amendments in terms of the directions should be carried out by the High Courts within a period of three months from the date of this judgment and the concerned state governments should consider and approve it within a further period of three months.

The court also directed all the High Courts and the state governments to amend the relevant service rules to increase the quota of reservation for Limited Departmental Competitive Examination for promotion from the cadre of Civil Judge (Senior Division) to the Higher Judicial Service to 25%.

The bench also ordered for reducing the minimum qualifying service required to appear in the LDCE for promotion from the cadre of Civil Judge (Senior Division) to the Higher Judicial Service to three years’ service.

The total service required to be undertaken, including service rendered as a Civil Judge (Junior Division) and Civil Judge (Senior Division), would be set at a minimum of seven years’ service, the bench said.