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The Supreme Court, by a 2:1 majority on August 21, 2026, retained its 2025 decision requiring prior professional exposure for entry into the subordinate judiciary, but modified how the requirement will operate. The Court held that courtroom exposure need not come entirely through practice at the Bar and can also be acquired through judicial academy training and supervised clerkship.

Background

In May 2025, the Supreme Court restored the requirement of three years of practice for entry-level judicial service, reversing the position flowing from the 2002 All India Judges’ Association case, under which fresh law graduates could directly appear for judicial service examinations. The Court reasoned that Civil Judges deal with life, liberty, property and personal rights from the first day of service, making familiarity with courtroom procedure and Bench–Bar functioning important. However, the sudden restoration created difficulties for aspirants who had planned their careers under the earlier regime.

Transitional Framework

For recruitment notifications issued between 20 May 2025 and 31 March 2027, fresh law graduates can apply without prior practice. They will be deemed to have completed one year of practice without producing a certificate.

Selected candidates will initially be appointed as Trainee Judicial Officers and undergo:

• 1 year of intensive training at the State Judicial Academy → treated as equivalent to 1 year of Bar practice.
• 1 year of supervised judicial clerkship → another 1 year of practice equivalence. Six months will be under a District/Sessions-level judicial officer and six months under a sitting High Court Judge.
• During academy training, trainees will receive half the remuneration payable to a Judicial Magistrate First Class (JMFC).
• Regular judicial appointment, full pay and service benefits will follow only after satisfactory evaluation.

Rule from April 1, 2027

For recruitment notifications issued on or after April 1, 2027, candidates for Civil Judge (Junior Division) must demonstrate at least one year of actual practice, certified through effective participation in court proceedings. After selection, they will still undergo the two-year academy training supervised clerkshipprogramme. High Courts and State Governments must amend their subordinate judicial service rules within three months. The framework will remain in force for five years and then be reviewed on the basis of empirical evidence.

Constitutional Framework

• Article 233: Appointment, posting and promotion of District Judges by the Governor in consultation with the High Court; an outsider must have at least 7 years as an advocate/pleader and be recommended by the High Court.
• Article 234: Recruitment of persons other than District Judges by the Governor according to rules made after consultation with the State Public Service Commission and High Court.
• Article 235: Vests control over subordinate courts in the High Court, including administrative and disciplinary control.