3 Years Bar Practice Not Necessary For Judicial Officers Appointed Before 20 May 2025 For Applying To Judicial Services In Other States If They Completed 3 Years Service: Supreme Court
The application was occasioned on account of the directions issued by the Supreme Court in the judgment dated May 20, 2025, whereby three years’ experience as an advocate was made mandatory for applying to the post of Civil Judge, Junior Division.
CJI B.R. Gavai, Justice K. Vinod Chandran, Supreme Court
The Supreme Court has held that judicial officers, who are appointed before the passing of its judgment dated May 20, 2025, do not need three years of practice at the Bar in case they apply for Judicial Services in any other State. The Apex Court made it clear that the same is subject to their completing three years’ service in their present State.
The application was occasioned on account of the directions issued by the Apex Court in the judgment dated May 20, 2025, whereby three years’ experience as an advocate was made mandatory for applying to the post of Civil Judge, Junior Division.
The Division Bench of Chief Justice Of India B.R. Gavai and Justice K. Vinod Chandran held, “However, in order to remove any ambiguity, we further clarify that in case of Judicial Officers, who are appointed prior to the passing of the judgment dated 20.05.2025, referred to above, the requirement of three years practice at the Bar would not be necessary, in case they apply for Judicial Services in any other State. This is, however, subject to them completing three years’ service in their present State.”
Factual Background
The applicant was provisionally enrolled with the Bar Council of Delhi from July 28, 2018, and she immediately applied for the post of Civil Judge, Junior Division in the Delhi Judicial Services when there was no requirement of prior practice at the Bar. Simultaneously, she also applied for the said post in the other State Judicial Services. After being selected in the Madhya Pradesh Judicial Services, she was appointed as a Civil Judge, Entry Level in 2019. The applicant had also been applying for the post of Civil Judge, Junior Division in various other States.
The Application thus came to be filed by the applicant seeking directions that she be exempted from the directions passed by the Apex Court in the May 20 judgment.
Reasoning
The Bench noted that the applicant had been working as a Judicial Officer for six years, but she had not completed three years of practice as an advocate, since it was not required at the relevant time. “We find that since the applicant has already worked as a Judicial Officer for a period of six years, the said condition would not be applicable to her”, the Bench stated.
The Bench further made it clear that in case of Judicial Officers, who are appointed prior to the passing of the judgment in question, the requirement of three years' practice at the Bar would not be necessary if they apply for Judicial Services in any other State.
Thus, in light of such facts and circumstances, the Bench allowed the application.
Cause Title: All India Judges Association v. Union of India (Case No.: I.A. Nos.278614 & 278617 of 2025)