Source: Supreme Court  

Why in News? 

Recently, the bench of Chief Justice of India BR Gavai, Justice AG Masih and Justice K Vinod Chandran has restored the requirement of a minimum three years of legal practice for candidates applying to entry-level judicial posts, applicable to future recruitments only. 

• The Supreme Court held this in the matter of All India Judges Association and Ors. v. Union of India and Ors (2025). 

What was the Background of All India Judges Association and Ors. v. Union of India and Ors (2025) case? 

• The matter pertains to the eligibility criteria for entry-level judicial service positions in India. 
• Prior to 2002, most States maintained a prerequisite that candidates must possess a minimum of three years' practice as advocates to be eligible for judicial service. 
• The condition was abolished by the Supreme Court in 2002 in the All India Judges Association case, thereby permitting fresh law graduates to apply for Munsiff-Magistrate posts without prior practical experience. 
• Subsequently, applications were filed before the Supreme Court seeking reinstatement of the minimum practice requirement. 
• Several High Courts supported the move to reintroduce the minimum practice requirement, contending that absence of practical experience was detrimental to the efficient administration of justice. 
• Senior Advocate Siddharth Bhatnagar, acting as Amicus Curiae, raised substantial concerns regarding the admission of fresh law graduates to judicial service without any practical experience as advocates. 
• The majority of High Courts and States submitted that entry of fresh law graduates to judicial service has proven "counter productive." 
• It is noteworthy that only the High Courts of Sikkim and Chhattisgarh opposed the restoration of the three-year practice requirement. 
• The instant matter was reserved for judgment, whereafter the Court stayed recruitment processes initiated without the minimum service condition. 

What were the Court’s Observations? 

• The Hon'ble Supreme Court, upon careful consideration, has deemed it appropriate to restore the condition mandating a minimum practice of three years as an advocate for candidates applying to entry-level posts in judicial service. 
• The Court has clarified that the period of practice may be reckoned from the date of provisional enrollment to the Bar. 
• The Court has held that the restored condition shall not have retrospective application to recruitment processes already initiated by the High Courts prior to the date of judgment. 
• The Court has specified that the minimum practice requirement shall be applicable exclusively to future recruitments. 
• The Court has established that a certificate issued by an advocate possessing a minimum standing of ten years, duly endorsed by the judicial officer of that station, shall constitute sufficient proof of fulfillment of the practice condition. 
• For advocates practicing at the Supreme Court or High Courts, the Court has stipulated that a certificate from an advocate with minimum standing of ten years, endorsed by an officer designated by the Court, shall be deemed adequate evidence. 
• The Court has acknowledged concerns regarding the effectiveness of the practice period, noting potential circumvention through nominal signing of vakalaths without substantive legal practice. 
• The Court has considered the submissions of most High Courts that prior practice is essential for efficient functioning as judicial officers. 
• The Court has taken judicial notice of the prevailing view among High Courts and States that admission of fresh law graduates to judicial service has proven counterproductive. 
• No specific observations pertaining to any offence were made by the Court in the present matter.

Is 3-year Practice Necessary for Judiciary? 

• The Supreme Court has ruled that candidates must have a minimum of three years of practice as a lawyer to be eligible for judicial service as civil judges (junior division). 
• The Judgment of All India Judges Association and Ors. v. Union of India and Ors (2025) will not be applicable to Rajasthan notification, Uttarakhand notification and Chhattisgarh notification. 
• The three-year practice requirement must be certified and endorsed by a lawyer with at least 10 years of standing at the Bar. 
• Experience as a law clerk to judges will be counted toward the three-year practice requirement. 
• The three-year legal practice period begins from the date of provisional enrollment as a lawyer, not from the date of clearing the All-India Bar Exam (AIBE). 
• The Court has mandated that successful candidates must undergo one year of training before presiding in court. 
• The ruling will apply prospectively and will not affect ongoing judicial recruitment processes that have already commenced.