Edzorb Law dan repost
Bhumika Trust v. Union of India & Connected Cases
W.P.(C) No. 001110/2025 & Connected Cases
3-year practice rule upheld: Supreme Court refused to reconsider the fundamental requirement of prior legal experience before entering judicial service.
Transition period: Candidates applying under notifications issued from May 25, 2025 to March 31, 2027 can apply without prior practice.
Deemed 1-year practice: Such candidates will be deemed to have completed 1 year of active practice and need not produce a practice certificate for that period.
After selection: They will be appointed as Trainee Judicial Officers.
1-year Judicial Academy training: They must undergo 1 year of intensive training at the concerned State Judicial Academy.
1-year clerkship: After training, they must complete 1 year of structured law clerkship:
6 months under the Principal District Judge / Higher Judicial Service.
6 months under sitting judges of the concerned High Court.
Evaluation: A High Court judge supervising the trainee will submit a reasoned evaluation report on progress and suitability.
Regular appointment: On satisfactory evaluation, the trainee will be appointed to the regular post and receive regular pay and service benefits.
From April 1, 2027: Candidates must have at least 1 year of active legal practice to appear for Civil Judge (Junior Division) examinations.
Practice verification: The 1-year practice must be supported by a certificate of practice, based on recorded presence and participation in effective judicial proceedings.
Training after April 1, 2027: Selected candidates will still undergo:
1 year Judicial Academy training
6 months clerkship under District & Sessions Judge / Higher Judicial Service
6 months clerkship under a sitting High Court judge
Training remuneration: During training, Trainee Judicial Officers will receive 50% of the gross remuneration payable to a Judicial Magistrate First Class.
Reason for limited relaxation: Court held that sudden restoration of the 3-year rule, without transitional arrangements, caused hardship to young lawyers and law graduates.
Core reasoning retained: Court maintained that exposure to the legal profession before joining the judiciary has a reasonable nexus with judicial service.
Important: The Court did not reconsider the requirement of prior legal experience; it only provided a limited transitional arrangement.
Bench: CJI Surya Kant, Justice August George Masih, and Justice K. Vinod Chandran (dissenting).
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W.P.(C) No. 001110/2025 & Connected Cases
3-year practice rule upheld: Supreme Court refused to reconsider the fundamental requirement of prior legal experience before entering judicial service.
Transition period: Candidates applying under notifications issued from May 25, 2025 to March 31, 2027 can apply without prior practice.
Deemed 1-year practice: Such candidates will be deemed to have completed 1 year of active practice and need not produce a practice certificate for that period.
After selection: They will be appointed as Trainee Judicial Officers.
1-year Judicial Academy training: They must undergo 1 year of intensive training at the concerned State Judicial Academy.
1-year clerkship: After training, they must complete 1 year of structured law clerkship:
6 months under the Principal District Judge / Higher Judicial Service.
6 months under sitting judges of the concerned High Court.
Evaluation: A High Court judge supervising the trainee will submit a reasoned evaluation report on progress and suitability.
Regular appointment: On satisfactory evaluation, the trainee will be appointed to the regular post and receive regular pay and service benefits.
From April 1, 2027: Candidates must have at least 1 year of active legal practice to appear for Civil Judge (Junior Division) examinations.
Practice verification: The 1-year practice must be supported by a certificate of practice, based on recorded presence and participation in effective judicial proceedings.
Training after April 1, 2027: Selected candidates will still undergo:
1 year Judicial Academy training
6 months clerkship under District & Sessions Judge / Higher Judicial Service
6 months clerkship under a sitting High Court judge
Training remuneration: During training, Trainee Judicial Officers will receive 50% of the gross remuneration payable to a Judicial Magistrate First Class.
Reason for limited relaxation: Court held that sudden restoration of the 3-year rule, without transitional arrangements, caused hardship to young lawyers and law graduates.
Core reasoning retained: Court maintained that exposure to the legal profession before joining the judiciary has a reasonable nexus with judicial service.
Important: The Court did not reconsider the requirement of prior legal experience; it only provided a limited transitional arrangement.
Bench: CJI Surya Kant, Justice August George Masih, and Justice K. Vinod Chandran (dissenting).
Fill the Google Form for FREE MENTORSHIP 👇 https://forms.gle/qYoWoN6KWrUJdNgv5
🔥 Join for Latest Updates: https://t.me/edzorblaw
☎️ For any queries, whatsapp, +919889883719
With ♥️
Team Edzorb