Plea in SC Challenges Bar Practice Rule for Judicial Exam, Seeks Relief for Recent Graduates

16 June, 2025:

A petition has been filed in the Supreme Court seeking a review of its May 20, 2025, judgment that made it mandatory for candidates to have a minimum of three years' practice at the Bar before appearing for the examination for the post of Civil Judge (Junior Division).

The petition has been filed by Advocate Chandra Sen Yadav, who argued that the imposition of the three-year practice requirement infringes upon fundamental rights guaranteed under Articles 14 and 16 of the Constitution. 

The plea filed through advocate Kunal Yadav submitted that the three-year practice rule should be implemented only from the year 2027 onwards to avoid unjust exclusion of recent graduates (2023–2025) who prepared under the previous eligibility criteria. 

"No consideration was given to the number or success rate of fresh law graduates who have historically performed well in judicial services and have served effectively on the bench after undergoing training. In the absence of such material, the judgment falls foul of the constitutional requirement that classification must be based on intelligible differentia with a rational nexus to the object sought to be achieved," the plea said.

"Immediate enforcement causes retrospective hardship, violating principles of fairness, legitimate expectation, and equal opportunity under Article 14 of Indian Constitution," the plea states.

In its May 20 verdict, the Bench comprising Chief Justice of India BR Gavai and Justices AG Masih and K Vinod Chandran directed all High Courts and state governments to amend their respective judicial service rules, mandating that candidates aspiring to appear for the Civil Judge (Junior Division) examination must have a minimum of three years of legal practice.

However, the Court clarified that the new eligibility condition would not apply to selection processes that had already been initiated by any High Court prior to the date of the judgment.