Case at a glance: By a majority, the Supreme Court has modified its 20 May 2025 judgment in the All India Judges Association, (2025) 05 SC CK 0265 matter that had restored a three-year Bar practice requirement for entry into the Civil Judge (Junior Division) cadre. For recruitment notified up to 31 March 2027, all law graduates may apply; selected candidates will undergo one year of Judicial Academy training and one year of law clerkship. From 1 April 2027, one year of actual practice will be required, followed by the same training and clerkship.
In the Second AIJA case (1993) the Supreme Court had required three years of practice at the Bar for entry-level judicial posts; in the Third AIJA case (2002) that requirement was dropped. On 20 May 2025, deciding Issue No. 7 in the long-running W.P. (C) No. 1022 of 1989, the Court restored a minimum three years of practice, counted from provisional enrolment, with law clerk experience counting towards it.
Bhumika Trust then filed a writ petition, and review petitions were filed against the 2025 directions. The Court sought views from High Courts, law universities and National Law Schools in January 2026, tagged the review petitions with the writ petition in February 2026, and by interim orders extended application deadlines while the matter was pending.
The Key Question Before the Court
Should the three-year practice requirement for entry-level judicial posts, restored in May 2025, be reviewed or modified, and should time spent on higher legal education count as practice?
The Majority’s Middle Path
Writing for the majority, Chief Justice Surya Kant declined to revisit whether some prior exposure to courts is desirable, observing that a person assuming judicial office “ought not to be wholly unfamiliar with the functioning of courts”. But the requirement, it held, must bear a reasonable relationship to its object. Drawing on the AIJA line of cases, the 117th Law Commission Report and the Shetty Commission report, it framed a structured scheme in which the court exposure is acquired through supervised training and clerkship rather than years of practice before entry.
Justice K. Vinod Chandran disagreed. He found no error apparent on the face of the record, would have dismissed the review petitions, and expressed concern that structured training could deter talented candidates, describing the courtroom as “the most profound of all classrooms”. The operative directions are those of the majority.
What the Court Actually Held
- For notifications up to 31.03.2027, all law graduates may apply and are deemed to have one year of practice; selectees become Trainee Judicial Officers for one year of State Judicial Academy training, on a stipend of half the pay of a Judicial Magistrate First Class.
- A further one-year Law Clerkship follows: six months with a District Judge (or a member of the Higher Judicial Service) and six months with a sitting High Court Judge, each year counting as a year of Bar practice.
- For notifications from 01.04.2027, one year of actual practice in the District Courts, supported by a Certificate of Practice, is required, followed by the same training and clerkship.
- Rules must be amended within three months; the scheme runs for five years and will then be reviewed. The applications seeking credit for higher legal education were dismissed.
Why This Judgment Matters
- It reopens the Civil Judge examination to fresh law graduates for the transitional period.
- It replaces a pure years-of-practice test with supervised, paid training and clerkship.
- It requires States and High Courts to rewrite judicial service rules on a short timeline.
What Should Advocates Take Away From the Judgment?
For Aspirants
- Check whether a notification falls before or after 31 March 2027; eligibility differs.
- From April 2027, start building a verifiable record of court participation for the Certificate of Practice.
- Time spent on an LL.M. or other higher study will not count as practice.
For High Courts and States
- Amend recruitment rules within three months to reflect the training and clerkship model.
- Plan Judicial Academy capacity, stipends and clerkship placements, including accommodation for persons with disabilities.
Key Takeaways
- The 2025 three-year rule stands modified, not reaffirmed.
- All law graduates may apply until 31 March 2027.
- Two years of training and clerkship precede regular appointment.
- The decision was 2:1, with a dissent favouring the 2025 position.
Frequently Asked Questions
It has been modified. Until 31 March 2027 all law graduates can apply; from 1 April 2027 one year of actual practice is needed, plus training and clerkship after selection.
Yes. The majority fixed a stipend of half the pay of a Judicial Magistrate First Class during training and clerkship.
No. The applications seeking that credit were dismissed.
Conclusion
The majority keeps the goal of the 2025 judgment—judges who know how courts work—while changing the route to it, from years at the Bar to structured, supervised exposure after selection.
Practical takeaway: Law graduates can sit for Civil Judge examinations notified up to 31 March 2027 without practice; after that, one year of documented District Court practice will be needed.
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