The Bar Council of India, while answering the question, “Should a judge have a prior experience of Advocacy in order to be effective?”, said ‘Yes’ and therefore, it further plans on moving the Supreme Court to seek that a minimum of 3-year practice at the Bar to be made mandatory to become a judicial official at the Subordinate Judiciary Level.
The Bar Council of India said that it will file an application before the Supreme Court arguing that the judicial officers not having any practical experience as advocates are mostly found to be incapable and inept in handling matters.
At present, the new law graduates are being allowed to sit for the Judicial Service Examinations without having any practical experience at the Bar. The Bar Council, while claiming that it has the support of all the State Bar Councils mentioned that inexperience at the Bar is one of the primary and major reasons for delays in the disposal of cases in the subordinate judiciary.
“Judicial officers not having practical experience at the Bar are mostly found to be incapable and inept in handling matters. Most of such officers are found to be impolite and impractical in their behaviour with members of the Bar and Litigants. Trained and experienced Judicial Officers can comprehend and dispose of matters at a much faster pace, thereby leading to the efficient administration of justice,” said the Secretary of Bar Council of India.
The Bar Council of India filed an application in the Supreme Court seeking modification of the order which allowed the fresh graduates to become Judicial officers. Stating so, the BCI said that it will soon file an application to seek a modification of the order passed by the Supreme Court in 2020 in the case of All India Judges Association v. Union of India which removed the requirement of 3 years of experience as an advocate before appearing for judicial services examination.
An impleadment application was also filed in the Supreme Court by the Bar Council of India challenging the notification which had been 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 Division. The BCI said that it is filing another application to seek impleadment in the said matter as a party to “plead in favour 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”.
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