#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. livelaw.in/top-stories/su…
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. livelaw.in/top-stories/se…
Law colleges have suggested broadening the meaning of "practice at the Bar" to include alternative forms of legal experience.
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 -
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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#SupremeCourt hears plea challenging Madhya Pradesh's circular implementing UGC Regulations
CJI: if 2026 regulation has been stayed by this court, if caste based discrimination happens, where will they go ? if its 2023 regulation, why didn't you challenge it earlier ?
Adv: may it pls be tagged along with other matters
CJI: you confine to 2026 and if you challenge 2023, they make a seperate plea
Adv: we are challenging both mylords
CJI: we are not inclined to entertain, the same shall be dismissed...
#SupremeCourt to hear today a plea filed by Lokpal of India challenging Delhi HC's quashing of its sanction to #CBI to file chargesheet against #TrinamoolCongress leader @MahuaMoitra in relation to the cash-for-query row
Bench: CJI Surya Kant and J Joymalya Bagchi
Hearing begins
SG Tushar Mehta (for CBI): I support the interpretation given to the Act, though respondents need to be investigated
Sr Adv Ranjit Kumar (for Lokpal): There's interpretation issue of sections made by Hon'ble judges...we are not here about any individual...we are here about interplay of different parts of the sections.
#SupremeCourt #MahuaMoitra
Kumar: There's a direction in 1st case for compliance...regarding S.20(7) of Lokpal Act
Sr Adv Nidhesh Gupta (for Moitra): There should be status quo...this is a sanction which contemplates chargesheet and prosecution
J Bagchi: We require to examine in light of S.12 of Act...that is the foundation...that 20(7) and 20(8) need to converge. What the HC judge has done is made a purposive interpretation of the provisions. We have our reading of the law
Gupta: S.20(7) says you will consider closure...Lokpal says I will consider at stage of 2nd...
The Kerala High Court Advocates’ Association (KHCAA) and Samatha Law Society are organising a session on 'Legal Regulation of Hate Speech: Is it Possible? Is it Desirable?' at the High Court Auditorium
The introductory remarks would be given by Dr. Justice A.K. Jayasankaran Nambiar and the keynote address will be delivered by Dr. Venkat Iyer, Barrister, Northern Ireland.
Adv. Vinay V., Vice-President of KHCAA, is giving the welcome speech
Sr Adv Aparajita Singh gives suggestions on re-captioning of the case(s) to avoid impression that matter is pending since 1985
Order: Instant writ petition (of 1985) involves continuous mandamus issued by this court for controlling and management of high pollution level and other related issues namely [...]. Though wp was filed in 1985...series of orders were passed...various IAs have been preferred raising various issues, most of which have been disposed of with certain directions from time to time.
Order: On the previous date, parties were ad idem that this is high time when the proceedings, purportedly of 1985, ought to be formally disposed of. It was suggested that WP should be aptly recaptioned. Suggestion supported by stakeholders. We formally disposed of the WP. No IA or misc appln. shall hitherto be entertained by the Registry in that matter. Instead, Registry shall register suo motu proceedings re: Issues of air pollution in NCR.
#SupremeCourt hears a petitioner in person relating to Cash reserve ratio policy of India
CJI: whats you present income?
Petitioner : right now Iam jobless, all alone, no dependents, I trade the stock market for my living
petitioner: in the last 3 years, the ratio went down to 3%...at the time of pandemic, using reserves ratio is understandable, but right now the economy is booming, so why to use it now....banks gamble with the 95% of customer deposits
CJI: what is your problem with these schemes? why ahve you not approached any other authority, first petition we did not impose any costs...we are not economists , go and make representations