SC's new ruling on civil judge appointments: Reform or roadblock?

In a significant ruling on 20 May 2025, the Supreme Court, in the case of All India Judges Association vs Union of India 2025, overturned its 2002 judgment and made it mandatory for candidates appearing for the Civil Judge (Junior Division) exam to possess a minimum of three years of legal practice.

- PARTH GAUTAM AND PRAGATI SOLANKI

While this may appear to be a reform aimed at ensuring experienced and capable individuals join the judiciary, a closer examination reveals that the move is more regressive than revolutionary.

THE KEY TAKEAWAYS OF THE JUDGEMENT

• Three years of legal practice is now compulsory for eligibility.

• Legal experience will be counted from the date of registration with the State Bar Council after clearing the All-India Bar Exam (AIBE).

• Practice certificates must be signed by an advocate with 10 years of experience and endorsed by a judicial officer or principal judicial officer designated for the purpose.

• For those practicing in High Courts or the Supreme Court, a designated court officer will be responsible for verification.

• Recruitment processes already underway will not be affected by this decision.

• Experience as a Law Clerk will now be counted toward the three-year requirement.

• The judgment overrules the 2002 ruling that allowed fresh law graduates to appear for judicial exams, a policy supported only by Sikkim and Chhattisgarh. Most High Courts expressed dissatisfaction, citing that freshers hinder judicial efficiency.

THE REALITY CHECK Irregular and Unpredictable Judicial Examinations