The Supreme Court has said that anyone who wants to become a Munsiff Magistrate must have at least three years of experience as a practising lawyer. This is now a rule for all entry-level posts in the judicial service. Earlier, the Supreme Court had removed this rule in 2002, but now it has brought it back.
The judgement was given by a bench of Chief Justice of India BR Gavai and Justices AG Masih and K Vinod Chandran. They said that allowing fresh law graduates with no work experience to directly become judges had "led to many issues".
The court said, "We hold that the three-year minimum practice requirement to appear for the civil judges (junior division) exam is restored .... All state governments shall amend rules to ensure that any candidate appearing for the civil judges (junior division) exam shall have a minimum practice of three years."
The court also said that this experience must be certified by a lawyer who has at least 10 years of work in the legal field. Time spent as a law clerk to judges will also count as work experience. The Supreme Court added that new judges must get one year of training before they start hearing cases in court.
The court said, "For the last 20 years, during which the recruitment of fresh law graduates has been appointed as judicial officers without a single day of practice at the bar, has not been a successful experience. Such fresh law graduates have led to many problems."
However, the court made it clear that this new rule will apply only to future recruitment exams. It will not affect those who are already going through the recruitment process.
Earlier, many states had this experience rule. But in 2002, the Supreme Court removed it. After that, many people and High Courts asked to bring it back. Now the top court has agreed and made it compulsory again.
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