In a major decision that will impact lakhs of young law graduates across India, the Supreme Court has ruled that fresh law graduates cannot directly appear for judicial service exams anymore. From now on, candidates must have at least three years of legal practice experience to be eligible for the civil judge (junior division) exams.
This new rule was announced on 14 May 2025 by a bench headed by Chief Justice of India B R Gavai along with Justices A G Masih and K Vinod Chandran. The court said this move is aimed at improving the overall quality and efficiency of judges at the grassroots level.
Why this decision?
The court noted that several High Courts had raised concerns about newly recruited judges lacking real courtroom experience. The bench felt that simply studying law in classrooms and reading books is not enough to handle complex matters of life, liberty, and justice.
According to the court, practical knowledge from assisting senior lawyers and working in real court settings is very important before someone takes charge as a judge. That’s why the minimum three-year practice has been made mandatory.
What does the new Supreme Court Rule say?
- All candidates must have minimum 3 years of legal practice before applying for judicial exams
- Experience must be certified by a senior advocate with 10 years of practice or by a principal judicial officer
- Law clerk experience under judges will also be considered valid practice
- Candidates selected through the judicial service exam will have to undergo 1 year of training before they start working in court
The court also clarified that the 3-year practice period will start from the date of provisional enrolment with the Bar Council, not from the date of clearing the All India Bar Exam (AIBE), since AIBE dates vary across candidates.
What about current recruitment processes?
If a recruitment process for civil judges has already started, this new rule will not affect those candidates. The court has said that the new condition will be applied prospectively, i.e., only for future recruitment cycles.
A long-running debate finally settled
This issue has been debated for a long time. It started when the Madhya Pradesh High Court made a similar rule in 2002, requiring three years of practice to apply for judicial exams. Some other states followed the same rule, while many continued allowing fresh graduates to appear.
Supporters of the rule, including the Bar Council of India, said that a judge must have actual courtroom experience to deliver better judgments and handle legal complexities properly. They believed that this would protect the credibility of the judiciary.
However, many law graduates and academicians strongly opposed this rule. They felt it created an unfair barrier for freshers and blocked talented young candidates from joining the judiciary. Some even argued that it goes against the idea of equal opportunity.
What does the Constitution say?
The legal argument focused on Article 233(2) of the Constitution. It says a person must have seven years of legal practice to become a district judge. But it doesn’t clearly say anything about junior civil judges. So states were free to decide their own eligibility rules for entry-level judicial posts.
Earlier, in the 2002 All India Judges Association v. Union of India case, the Supreme Court had said that judges should ideally have practical experience, but it didn’t make the rule mandatory back then.
With this latest judgment, the Supreme Court has brought uniformity across all states. Now, anyone dreaming of becoming a judge will first need to spend time in real courtrooms, learn how law works in practice, and then take the judicial exam.
The goal is to build a stronger and more efficient lower judiciary that understands both the letter and the spirit of the law. While the decision may disappoint many fresh graduates, it sets a clear path for becoming a well-prepared judge in future.
FAQs
Can fresh law graduates apply for judicial exams now?
No. They must first complete three years of legal practice.
Will past law clerk experience count as practice?
Yes, the court has said law clerk experience is valid.
From when will the 3-year practice be counted?
It will be counted from the date of provisional enrolment with the Bar Council.
Does this rule apply to current judicial exams?
No. It applies only to future recruitment cycles.
Who can certify the 3 years of practice?
An advocate with 10 years of practice or a principal judicial officer must certify the experience.
Is one-year training also mandatory now?
Yes, after passing the judicial exam, candidates must undergo one year of training before they start court work.
