The Supreme Court of India in its recent judgment in case of [All India judges Association versus Union of India] mandates minimum 3 years experience at bar before entering the judicial services [Subordinate Judiciary].The SC directed the states and the High courts to amend the rules for the appointment of judges in the subordinate judiciary. The judgment was reserved in January 2025 by a three member bench, and the same was delivered in May 2025 by a two member bench comprising of Chief Justice of India justice BR Gavai and Justice Augustine Masih. However the SC of India stated that the judgement will have the prospective effect meaning thereby that it will not affect the already notified recruitment processes.
Background: The issue related to the three year mandatory practice rule has been in debate since 1958 when the 14th Law Commission report recommended for minimum 3-5 year experience for the lawyers before donning the robes of a judge. The Honourable Supreme Court of India in 1992 ruled in favour of the three year practice however the same was overruled ina review petition in 1993.
In 2002 by accepting the Shetty Commission report of 1996 the Supreme Court ruled out the three year experience rule before entering the Subordinate Judiciary. Now nearly after two decades the Supreme Court reinstated this rule by passing a Judgment in May 2025.
Implications: The Supreme Court of India delivered this judgement with a view that first hand court room experience is necessary for a candidate to enter the Subordinate Judicial service however it seems that the Supreme Court has overlooked the on ground realities and the implications the judgment will have on the life of thousands of law students.
• Due to this additional practice of 3 years after a long degree of 5 years the law students who aspire to enter the judicial services at an early stage will decrease in number and this will lead to the additional burden of cases on the already appointed Judges in the Subordinate Judiciary as we are already facing a backlog of nearly 52 million cases.
“Mandating the experience before entering Subordinate Judicial Service as this Judgment will have far reaching impact not only on the career of law students but also on those students who wish to enter the legal field.”
• Secondly the judgement will have a drastic effect on the law students belonging to the Economically Weaker Section, as they have to earn early to set up their career. By putting an additional bar on the entry they will have to shift their focus to other job options because its tough for them to survive in early years of litigation without money or less money.
• Moreover the judgement will impact the students of National Law Universities because most of the students from the NLU’s are driven towards the corporate jobs and remaining number aspires for judiciary but due to this additional 3 years practice after a 5 year long degree the number of students wish to enter the Judicial Services will also come down.
• Additionally the rule will impact the female law students at a very higher rate. As per The 2023 ‘State of the Judiciary’ report by the Centre for Research & Planning, Supreme Court of India, reveals that in 14 out of 16 states examined more than 50% of selected candidates for Civil Judge post were women. But now onwards by this rule no fresher candidate will be allowed to enter without experience so for particularly female law students given the working conditions in our Country it would be tough for a female law students to survive an additional 3 year practice due to numerous reasons.
I wish that the Supreme Court of India should consider a review petition for its judgment mandating the experience before entering Subordinate Judicial Service as this Judgment will have far reaching impact not only on the career of law students but also on those students who wish to enter the legal field.
(The author is a Law Student at Kashmir University, Srinagar. The views, opinions and conclusions expressed in this article are those of the author and aren’t necessarily in accord with the views of “Kashmir Horizon”)
Kraaw: A Whisper Of Roots, Return
Kashmir is not just a valley cradled by sky-kissing mountains or traversed by glistening Naags (springs) and rivers. It is not merely the apple, the saffron, or the rustling chinar leaves that define it. It is more than that — it is the name of one of the world’s oldest living cultures. A land rich in heritage, wisdom, and timeless beauty. Kashmir is synonymous with hospitality. It represents a deep sense of belonging — the essence of kinship and connection. It conveys emotional bonds, familiarity, and a profound sense of “own-ness.”Kashmir is the name of deep emotions, a land of care, love, and affection. Here, even strangeness feels like a stranger. Wherever you go, you are embraced by a sense of belonging. Even the trees and stones seem to whisper, “You are one of our own.” As a famous urdu poet Chakbast Brij Narayan once beautifully wrote:
Syed Adnan Hashmi
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