The Bar Council of India, in a recent official notification, has stated that it will file an application in the Supreme Court of India and seek modification of the order that allows fresh law graduates to become judicial officers. As is clearly spelled-out in the notification, the BCI and the State Bar Councils are “strongly in favor” of a 3-year minimum experience at the bar for being considered eligible to sit for judicial service exam.
“Judicial officers not having practical experience at the bar are mostly found to be incapable and inept at handling matters,” so says the BCI press release.
Expounding further, the press release states that “such judicial officers lack understanding of the aspirations and expectations of advocates and litigants in a proper and decent manner” and “most of such officers are found impolite and impractical in their behavior with members of the bar and litigants.” The release moreover adds that “the inexperience at the Bar is one of the primary and major reasons for delays in the disposal of cases in the sub-ordinate Judiciary Trained and experienced judicial officers can comprehend and dispose of matters at a much faster pace, thereby leading to efficient administration of justice.”
Determined to establish its point-of-view, the BCI stated that it will soon file an application to seek a modification of the order passed by the Supreme Court in 2002 in the case ‘All India Judges Association v Union of India’ which removed the requirement of 3-year experience at bar for appearing for judicial service examinations.
Again, the BCI also mentioned that it will also file an impleadment application in the recent petition filed in the Supreme Court challenging the notification issued by the Andhra Pradesh High Court which made 3 years’ minimum practice as an advocate a condition for applying for the posts of civil judge junior division. Mr. Regalgadda Venkatesh, who was the petitioner in that case, challenged Rule 5(2)(a)(i) of the Andhra Pradesh State Judicial Service Rules of 2007 which lays down such a condition.
As things stand, a vacation bench comprising Justices Indira Banerjee and Aniruddha Bose had issued a notice last week on the petition, but they had refused to stay the rule.
Taking it up further, the BCI remarked that it is filing another application to seek impleadment in the said matter as a party to “plead in favor of urgency and requirement to have a minimum 3-year experience at the Bar as a requirement to be eligible to sit in Judicial Service Exam”.
