Justice Through Experience A Bar Too High?

"Neither knowledge based on law books nor pre-serv-ice training can substitute for first-hand experience of court proceedings.

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These are the words with which the Supreme Court upheld the Bar Council of India’s (BCI) stance that practical experience in courtrooms is a must before one can mete out justice from the Bench. The recent order to practice three years at the Bar to be eligi-ble for the lower judiciary is to ensure judicial maturity. But what appears to be a liberal reform hides a web of constitutional uncertain-ties, socio-economic injus-tices, and administrative inefficiencies.

A Look Back: The Legal Trail

The controversy traces back to the All India Judges’ Association vs. Union of India (1993) case, where bar experience was mandated but later dropped in 2002, on the basis of the Justice K.J. Shetty Commission Report (1996) for being “unworkable”. The reason-ing was simple: two to three years of private practice does not automatically make one a good judge. Now, in 2025, the idea resur-faces.

The BCI's Argument: Idealistic or Impractical?

In January 2021, the BCI filed an application empha-sizing that judicial officers without courtroom experi-ence lack practical knowl-edge and empathy for liti-gants and advocates alike. However, this risks overgen-eralisation.