#SupremeCourt to shortly hear review petitions against judgement holding that 3 year practice is mandatory for entering into judicial services.
Bench: CJI Surya Kant, Justice August George Masih and Justice K Vinod Chandran
During the hearing last month, the CJI had orally commented that the three year rule was disproportionately affecting women candidates.
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Responding to the Court's call for suggestions, several High Courts have supported retaining the condition while some others have supported relaxing the mandate for specially abled candidates.
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Law colleges have suggested broadening the meaning of "practice at the Bar" to include alternative forms of legal experience.
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Bench assembles.
Amicus: I have circulated the compilation of the suggestions from high courts and law universities.
Amicus: broadly the high courts are of the view that the three year rule should remain. For specially abled candidates there should be some measures for better accessibility.
Amicus taking the court through his note on HC suggestions.
Amicus reads out opinions of various High Courts from his compilation. Read our story on HC views -
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CJI: What are the opinions of universities?
Amicus: There is no uniformity.
Counsel: out of 17 NLUs 14 are against 3 year mandatory practice rule.
Read our story on law university suggestions -
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Amicus: Prof. Faizan Mustafa through CNLU has supported doing away with the requirement and instead increase the training period for civil judges.
Bench discusses.
Counsel for petitioners: couple years are required for preparation also. What will be the average age for an aspirant? This requirement is a roadblock. And the required skills for an adjudicator are some other skills in addition to practice.
J Chandran on time required for preparation: this is about the coaching centres. I don't mind saying this in open court. I have been a chief justice, I have been a senior judge in the court and I have gone through interviews. We are saying this from experience
CJI: We want that slightly mature persons come in judicial services.
Amicus Curiae Siddharth Bhatnagar: once suggestion is that some relaxation only for women and persons were disabilities. They may be permitted to complete the requirement either prior to or subsequent to clearing the exam
CJI: That may not be very practical.
Senior Advocate Pinky Anand: these are not annual examinations. Every state conducts its examinations at whatever time. For the time being the condition maybe stayed while the court consider the modalities. Let retired judges assess and take all the stakeholders into account
Senior Advocate Nandita Rao on effect of the condition on women: this barrier is hurting years us. At the entry level its not that difficult but when they are put back that is a crucial time. If we are set back another 3 years then we will never be able to move forward in our career.
Rao: once there is a break then the family always insists that all right now move on to something else. For us the reproductive age is also crucial and it should not be set back because of this professional problem
Anand: at the entry level there are high number of women it is only later at the retention level where the number drops.
Counsel on difficulties faced by persons with disabilities: no seniors hire persons with disabilities, no client relies on a person who has disabilities. There are structural and infrastructure problems, digital accessibility etc.
Counsel: more than 85% of district courts are still not accessible for persons with disabilities. We are not against the practice rule we are saying that we want the relaxation in the form that we don't have to run here and there. We are seeking a reasonable accommodation where either we are given an opportunity in the law schools or the additional training...
Counsel: the young generation lawyers can be placed with the legal aid which can strengthen our legal aid system also.
Supreme Court orders extension of date of application for recruitment exams.
Order: all the high courts are directed to extend the date of last date of submission of applications if they have already advertised the post up to 30th of April 2026. Fresh advertisement to be issued by State/High Courts for State Public Service Commission shall also have deadline of April 30.
Anand: kindly keep the three year practice rule in abeyance. That makes far more sense than just to extend the date.
CJI: you have given some suggestions and the amicus has also given some suggestions. You also revisit it while we are also considering it. Next week again we will take this up. We have taken care of urgency.
CJI: Ultimately, let's be very clear. The practice condition will have to be there. There is the view taken by a bent and we should respect that bench. The only issue is the modalities of giving effect to that.
CJI: 3 years should be there. But does that mean an advocate sitting idle in one court or the other and watching? Is that going to make them eligible. Or make them free legal aid counsel. That is a very good idea.
CJI: the point of the practice requirement is that you learn something
Senior Advocate Colin Gonsalves: the way to go is in terms of training. There is a massive expansion of judicial academy and judicial trainings. Across the world the trend is away from practice and the bar and towards very in depth and intensive training.
Gonsalves: training of judicial officers post joining is the way to go for India.
CJI: you put the best of the talent keep it in your Kitty and then you put them to training. That is one way is that for 3 years your abandon them that unless you go there and practice I am not going to consider you and in 3 years god knows where they will be.
Gonsalves: we will have to see how many NLU graduates that are interested to join actually do so after the three year rule is implemented. How many of them abandoned litigation completely? Quite a considerable number, I want to check the statistics.
Gonsalves: so you are losing the best brains.
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