1 week ago
Supreme Court Creates New Judicial Recruitment Model
The Supreme Court changed the rules for people who want to become civil judges.
Instead of practicing law for three years first, applicants will generally need one year of practice.
After passing the entrance test, they must spend one year training at a judicial academy.
They must also complete one year of supervised clerkship with judges.
A High Court judge will evaluate their work before they can be appointed.
New trainees will receive an emolument during both periods, although some benefits will differ.
The court said the new plan should provide practical experience without making entry too difficult.
Justice K. Vinod Chandran disagreed and said the earlier three-year practice rule should remain.
The Supreme Court reduced mandatory Bar practice for civil judge applicants from three years to one.
Candidates who clear the entrance test must complete one year of academy training and one year of supervised legal clerkship.
Final appointment will depend on a satisfactory evaluation by the supervising High Court judge.
The scheme will operate for five years and then be reviewed using recruitment, training and performance data.
The majority said three years of Bar practice can be burdensome, while Justice K. Vinod Chandran defended the 2025 rule.
- Who
- The Supreme Court, led by Chief Justice Surya Kant, issued the majority ruling; Justice K. Vinod Chandran dissented.
- What
- The court replaced the three-year Bar-practice requirement for entry-level civil judge recruitment with one year of practice plus structured training and clerkship.
- Where
- The scheme applies to recruitment for entry-level civil judge posts in India.
- When
- The ruling was issued on Friday; the new scheme will remain in force for five years from the date of judgment.
- Why
- The majority sought to preserve practical exposure while addressing concerns that three years of Bar practice could be burdensome, uneven in quality and discouraging to talented candidates.
Majority ruling
Dissenting view
Need for Bar experience
Majority ruling
One year of practice, followed by supervised training and clerkship, can provide practical exposure without requiring three years of conventional Bar practice.
Dissenting view
Justice K. Vinod Chandran said the 2025 decision followed detailed input from High Courts and state governments, and that most High Courts still consider Bar experience essential.
Impact of the three-year rule
Majority ruling
The majority said three years of Bar practice does not guarantee competence and may discourage talented candidates, while creating economic, social and professional difficulties for young lawyers, women and persons with disabilities.
Dissenting view
The dissent maintained that the 2025 rule was based on observed difficulties involving courtroom procedure, decorum and the conduct of directly recruited judicial officers.
How practical competence should be built
Majority ruling
The new model emphasizes structured judicial-academy training and supervised clerkship, with appointment dependent on an evaluation.
Dissenting view
Justice Chandran dismissed the review petitions and supported retaining the three-year practice requirement rather than replacing it with the new structure.
Key facts
- Required practice
- One year of legal practice, generally certified by the supervising lawyer.
- Post-selection training
- One year at a judicial training academy and one year of legal clerkship.
- Clerkship supervision
- The first six months will be supervised by a principal judge and the remaining six months by a High Court judge.
- Appointment condition
- Final recruitment requires a satisfactory evaluation report from the supervising High Court judge.
- Scheme duration
- The judicially created system will operate for five years before review.
- Trainee payment
- During academy training, candidates will receive an emolument equal to half the salary of a first-class magistrate in a state; the same emolument continues during clerkship.
- Exemption
- Law graduates who graduated or will graduate by April 1, 2027, do not need to submit a practice certificate.
Quotes
Supreme Court bench led by Chief Justice Surya Kant
The majority bench that issued the revised entry-level judicial recruitment scheme.
“A judicial service which demands adequate maturity and practical exposure must also remain sufficiently attractive to the most capable young lawyers. If the entry requirements become so burdensome that a significant segment of talented candidates are discouraged from even competing, the judiciary may lose precisely the pool of candidates which the requirement was intended to improve.”
theprint.in
“A Civil Judge is required to deal with questions affecting life, liberty, property, and personal rights of litigants. It was for this reason that the Judgment under Review (2025 judgement) considered exposure to the atmosphere of the court, including by assisting seniors and observing the manner in which lawyers and Judges function, to be of considerable value.”
theprint.in











