LIJDLR

RE-EVALUATING THE MANDATORY THREE-YEAR BAR PRACTICE RULE FOR LOWER JUDICIAL SERVICE IN INDIA: A SOCIO-LEGAL AND POLICY ANALYSIS

Madhur Kukreja, Advocate, District Court Karnal (India)

In May 2025, a three-judge Bench of the Supreme Court of India in All India Judges Association v. Union of India restored the mandatory requirement of three years of active practice at the Bar (or judicial clerkship) as an essential prerequisite for appearing in the Civil Judge (Junior Division) competitive examinations. This decision overturned the long-standing 2002 precedent (AIJA II) that had permitted fresh law graduates to directly enter the subordinate judiciary. This research paper presents a comprehensive socio-legal and policy analysis of the three-year practice rule, evaluating its constitutional validity, institutional efficiency, and socio-economic ramifications. On one hand, institutional proponents argue that prior trial court practice develops crucial procedural instincts, judicial demeanor, and trial management skills under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) that academic education alone cannot impart. On the other hand, the paper demonstrates how the rule acts as a severe structural barrier within India’s unorganized and largely uncompensated junior legal profession. Using an intersectional analytical framework, this study highlights the disproportionate burden the mandate places on female candidates threatening to reverse two decades of progress in gender representation by conflicting with societal and biological timelines as well as first-generation lawyers, economically weaker sections, and aspirants from marginalized backgrounds who lack the financial “waiting power” to sustain unremunerated practice. Finally, drawing on comparative international models, such as the German Referendariat system and the Indian Administrative Service (LBSNAA) institutional training framework, the paper proposes alternative policy solutions. It argues for a balanced approach that pairs open-entry examinations with stipend-supported pre-service judicial apprenticeships and paid clerkship equivalencies, thereby safeguarding judicial competence without compromising demographic diversity and substantive equality under Articles 14 and 16 of the Constitution of India.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 913–954.
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