Author: Akshita Bokde, Jagran Lakecity University, Bhopal
To the point:
The most awaited judgement for the Judiciary Aspirants which marked a turning point in the professional life of the students came when the Hon’ble Supreme Court ruled that it is mandatory for every judiciary aspirant to be first enrolled as an advocate and have at least 3 years of practice for which a certificate for the same is needed from a senior having at least 10 years of experience. This judgement came after a long deliberation wherein the Court put forward that the viewpoint that The Judges have a huge responsibility in deciding cases and with the system of enrolling fresh graduates without any prior experience hampered the judicial system of the country and also has led to undermine of the judicial system.
Abstract:
In 2005 an amendment was made to include a condition which mandated 3 year of practice which was removed in 2007 that allowed fresh graduates without any litigation practice to appear in the judicial service exam. The recent judgement of the Supreme Court restored the 2005 rule. This judgement was given by a bench of 2 judges that are Justice BR Gavai and Justice A Masih which opined that the 2007 rule of allowing fresh graduates have resulted in demeaning of the Court Authority. The bench also laid emphasis on that every judicial officer shall have an understanding of the practical aspect of the law field which can be only ensured if the aspirants undergo sufficient practice. The court also highlighted that this will increase emotional sympathy in the minds of the judges which will help in taking more accurate and efficient decisions.
Use of Legal Jargon:
The Supreme Court by using it’s inherent power under Article 142 of the Constitution has the power to pass any judgement on any matter pending before it in order to ensure the ends of justice. The order made by the Supreme Court is enforceable throughout the country giving Supreme Court wide powers.
The Proof:
Reason behind this judgement:
The Judicial aspirants will get a practical exposure which they would not be able to understand through their books.
This judgement ensures that quality decisions are made.
This helps in minimizing errors.
Current Standing:
The bench has clarified that the judgement will apply to all the prospective applications from now on. The already pending applications and respective processes shall be dealt with the current rule. But from now on, no judicial aspirant will be allowed to give the exam unless he has been enrolled in the bar and has 3 years of practice.
Impact of this judgement:
The judgement has a mixed opinions. Some people are of the view that this judgment will reflect positive changes and uphold the integrity and quality of the judiciary. While some people also oppose the judgement for a few reasons:
The very first reason is the prolonged time before giving the first attempt of the exam
Earlier, any aspirant was not mandated to join the bar but now since the practice is compulsory, even an aspirant will have to join the bar and practice.
Majority of the population is now concerned about the management of the finances during the early years as Law it itself of 5 years and then 3 years of practice and during the starting time graduates don’t get any payment as such which is a huge problem.
Now, the internships and the practice matters more than ever. This will help an aspirant to get necessary exposure
This judgement has significantly affected the lower class women who were appearing for the judicial exam.
The impact can also been seen on the various judiciary preparation institutes. They need to change and cater to the present changes. It may involve adapting certain flexible approach in which the aspirants can go to practice as well as prepare on the side.
The judgement will also to a some extent push aspirants to look for other career opportunities in the legal field and not just confine themselves to the traditional career options available.
In favour:
Now the judges will be able to better understand the nuances and complications involved in the legal profession.
The Bench will comprise of experience judges.
It minimizes error and ensures quality decision making.
Enhance the confidence of the public in the judicial system for handling of the cases.
It will also equip the judges with the practical aspect of the profession.
Against:
Ousted the aspirants belonging to the lower or weaker sections of the society.
There’s no guarantee that all the aspirants are undergoing practice. It will lead to rise in the fake applications and to filter it is a daunting task.
It may reduce the number of aspirants applying for judiciary because of the prolonged period of 3 years some may resort to other fields and profession.
Not all graduates can afford the 3 years of unpaid practice.
It may also lead to reduction in the talent pool.
Conclusion:
To conclude, this judgement will surely regulate the judicial mechanism of the country and ensures that the most efficient decisions are taken. This will also ensure that less supervision is to be done by the High Court judges on the judges of the lower court. Although this judgement will definitely bring some challenges but it will ensure overall improvement. Another challenge that brings forward before the Court to ascertain the authencity of practice of aspirants on which the court hasn’t ruled anything. But the 3 year mandate stands still.
Frequently Asked Questions (FAQ’s)
From when the decision in this judgment be applicable?
The decision will apply on all prospective applications.
By which rule, the pending applications will be dealt with?
The already existing in process applications will take place in accordance to the earlier rule.
What is the name of the case in which this decision was pronounced?
The Supreme Court ruled this major decision in the case of All India Bar Associations vs. Union of India.
From when the practice of 3 years will be counted?
As soon as you get your provisional degree you will have to get yourself enrolled in the Bar Council and once you are enrolled, it will start the computation of 3 years of practice.
What all will be counted as practice of 3 years?
Practice shall be counted from the enrolment in the bar after attaining the provisional degree.
Law clerkship will also be counted as 3 years of practice.
