In a landmark judgment delivered in All India Judges Association vs Union of India, Writ Petition (C) No. 1022 of 1989, a three-judge Bench of the Supreme Court comprising Chief Justice of India BR Gavai, Justice A.G. Masih, and Justice K. Vinod Chandran addressed eight critical issues concerning judicial service recruitment and promotion. Among these, the Court has clarified that the minimum years of legal practice required for appearing in the Civil Judge (Junior Division) examination must be counted from the date of provisional enrolment or registration with the State Bar Council, and not from the date of passing the All India Bar Examination (AIBE).
Legal Issues
The key legal issues considered in the judgment related to the qualification norms for entry into the Civil Judge (Junior Division) cadre:
- Whether the requirement of minimum three years’ practice for appearing in the Civil Judge (Junior Division) exam, which was earlier removed by the Supreme Court, needs to be restored;
- If so, whether the three-year experience should be calculated from the date of provisional enrolment with the State Bar Council or from the date of passing the AIBE.
These issues were listed as Issue Nos. 7 and 8 in the judgment.
Background
The issue arose when, during proceedings, learned Senior Counsel Shri B.H. Marlapalle pointed out that as per Bar Council of India (BCI) regulations, candidates are provisionally enrolled for a period of two years, and a permanent enrolment is granted only after clearing the AIBE. This led the Court to consider whether the years of practice should be calculated from provisional registration or post-AIBE clearance.
The Court had earlier directed all State Governments, High Courts, and the Union of India to furnish their views on the matter. Responses received indicated that while a few stakeholders supported practice being counted from AIBE clearance, most either supported the date of provisional enrolment or gave no specific opinion.
Arguments
Shri B.H. Marlapalle, Senior Counsel, submitted that under the Bar Council of India Rules, candidates initially obtain provisional registration, which becomes permanent only upon clearing the All India Bar Examination. He argued that the actual recognition as a practicing advocate should only begin from the date of passing AIBE.
However, the majority of High Courts and stakeholders expressed that experience at the Bar should be considered from the date of provisional enrolment, highlighting practical exposure during this period. The High Courts of Orissa, Punjab & Haryana, Delhi, and Jammu & Kashmir specifically supported counting practice from the date of provisional registration. Several High Courts also highlighted the drawbacks of appointing Civil Judges without any courtroom experience, including poor conduct, lack of procedural understanding, and strained interaction with bar members.
Observations of the Court
The Supreme Court evaluated historical recommendations from the Law Commission and the Shetty Commission, previous judgments including the Second and Third AIJA cases, and recent empirical feedback from High Courts across the country. The Court emphasized:
“The Judges from the very day on which they assume office have to deal with the questions of life, liberty, property and reputation of litigants… Neither knowledge derived from books nor pre-service training can be an adequate substitute for the first-hand experience of the working of the court-system and the administration of justice.”
The Bench acknowledged the challenges faced by fresh graduates lacking courtroom experience and took note of the consensus among High Courts recommending the reintroduction of the requirement for prior legal practice.
Key Holding
In paragraph 89 of the judgment, the Court conclusively held:
“We hold that the experience of the candidates which they have gained while working as Law Clerks with any of the Judges or Judicial Officers in the country should also be considered while calculating their total number of years of practice. We further hold that the number of years of practice completed by a candidate desirous of appearing in the examination for the post of Civil Judge (Junior Division) be calculated from the date of their provisional enrolment/registration with the concerned State Bar Council.”
