In a 2:1 majority decision authored by Chief Justice Surya Kant (on behalf of himself and Justice Augustine George Masih), the Supreme Court of India modified its earlier May 20, 2025 judgment (which had mandated a strict 3-year Bar practice requirement for Civil Judge (Junior Division) recruitment). While reaffirming the core necessity of practical court exposure before assuming judicial office, the majority established a transitional scheme allowing all law graduates to apply for recruitment notifications issued up to March 31, 2027 (deeming them to have completed 1 year of practice), followed by 1 year of State Judicial Academy training and 1 year of structured Law Clerkship. For recruitments advertised on or after April 1, 2027, candidates must possess 1 year of verified actual practice in District Courts, followed by 1 year of academy training and 1 year of Law Clerkship. In a dissenting opinion, Justice K. Vinod Chandran dismissed the review petitions, holding that no ground for review was made out and that a strict 3-year practice requirement should remain intact.
- Factual and Historical Background
- The Evolution: In the Second AIJA Case (1993), the Supreme Court originally mandated 3 years of Bar practice for entry into the lower judiciary. This was reversed in the Third AIJA Case (2002) following the Shetty Commission recommendations, permitting fresh law graduates to take the exam.
- The 2025 Restoration: On May 20, 2025, the Supreme Court restored the mandatory 3-year practice requirement across all High Courts.
- Current Challenge: Bhumika Trust (representing persons with disabilities) and several review petitioners challenged the 3-year rule, arguing it caused retrospective hardship to law graduates, created economic barriers for marginalized groups/women, and delayed judicial entry.
- Majority Opinion (Surya Kant, CJI & Augustine George Masih, J.)
- Validation of Principle: The majority agreed that entry-level judges handle critical matters from day one and must possess familiarity with courtroom decorum, procedure, and judicial temperament.
- Need for Transition: Recognizing that sudden restoration placed severe hardship on recent law graduates who planned their careers under the 2002 regime, the Court held that practical readiness can be achieved through a combination of prior practice, academy training, and supervised clerkships.
- Transitional Scheme (Notifications up to March 31, 2027):
- All law graduates are eligible to apply and will be deemed to have completed 1 year of practice (no practice certificate required).
- Selected candidates will be designated as “Trainee Judicial Officers” receiving half-pay of a Judicial Magistrate First Class.
- Trainees undergo 1 year of intensive training at the State Judicial Academy, followed by 1 year of structured Law Clerkship (6 months under a Principal District Judge and 6 months under a High Court Judge).
- Successful completion and a satisfactory evaluation report by the High Court Judge will lead to regular appointment with full pay scale.
- Post-Transitional Regime (Notifications on or after April 1, 2027):
- Candidates must possess at least 1 year of actual verified practice in District Courts at the time of application.
- Upon selection, candidates must still undergo 1 year of Academy training and 1 year of structured Law Clerkship before independent field posting.
- Sunset Clause: This modified scheme shall remain in force for 5 years, after which the Supreme Court will review its working based on empirical performance data.
- Dissenting Opinion (K. Vinod Chandran, J.)
- No Error Apparent: Held that the 3-judge bench decision in May 2025 was well-considered based on feedback from a majority of High Courts and States; hence, review jurisdiction under “error apparent on the face of record” was not maintainable.
- Failure of Academics Alone: Emphasized that classroom training and clerkships cannot replicate the real-life exposure gained by observing trials and interacting with litigants as a practicing advocate.
- Practical Concerns: Argued that putting selected candidates on 2 years of half-pay training/clerkship would prejudice recruits, strain the exchequer, and keep courts unmanned.
2026 INSC 904
Bhumika Trust v. Union of India and Others (D.O.J. 21.08.2026)
