Supreme Court Reserves Verdict On Review Petitions Challenging 3-Year Practice Mandate For Judicial...
CLAT PG ● Lower importance 30 July 2026
Supreme Court Reserves Verdict On Review Petitions Challenging 3-Year Practice Mandate For Judicial...

What happened

On July 28, the Supreme Court reserved its verdict on review petitions challenging its earlier judgment mandating three years of legal practice as a prerequisite for entry into judicial service. The original ruling had altered the eligibility conditions for district judge recruitment, affecting fresh law graduates who could previously appear directly. The review petitions argue this condition is disproportionate and restricts access to the judiciary as a career for young lawyers without adequate professional standing.

Why it matters

The original Supreme Court judgment introduced a three-year practice requirement for candidates seeking direct recruitment into the district judiciary (judicial service). This ruling significantly altered the recruitment landscape governed by Articles 233 and 234 of the Constitution, which deal with the appointment of district judges and subordinate judiciary respectively.

Article 233(2) specifically requires that a person directly recruited as a district judge must be an advocate of not less than seven years' standing. However, for the subordinate judiciary (below district judge level), State Public Service Commissions conduct recruitment under Article 234, and the practice requirement had historically been flexible or absent. The Supreme Court's ruling imposing a three-year bar changed this.

The review petitions raise a core constitutional tension: does a judicially imposed eligibility bar on public employment violate Articles 14 and 16 (equality and equal opportunity in public employment), or is it a valid exercise of the Supreme Court's superintendence under Article 235? The Court must also consider whether it can impose conditions beyond what the relevant State Judicial Service Rules prescribe.

For CLAT PG, the examiner will test: (1) which constitutional articles govern district judge appointments, (2) the distinction between direct recruitment and promotion routes, (3) the legal basis for the three-year requirement, and (4) the maintainability and scope of review jurisdiction under Article 137.
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