Mandatory practice of three years for appearing for judicial services exam at the civil judge entry level; is it valid?

Published on: 6 July 2023, 02:24 pm
The Madhya Pradesh government has recently introduced an amendment making three years practice a mandatory requirement to appear for judicial services examination at the civil judge level. Are the requirements based on an intelligible differentia?
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ON June 23, the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 were amended to make three years of practice compulsory to be eligible to appear for the civil judge entry level test in the state.
The amendment exempts "outstanding law graduates" who have secured at least 70 percent marks in the general and Other Backward Class (OBC) categories from the mandatory requirement of three years practice. It also exempts Scheduled Caste and Scheduled Tribe candidates securing 50 percent marks. These exemptions only apply if a student has passed the examination in their "first attempt".
The introduction of these rules has drawn flak from judicial services aspirants and law students. On the other hand, many from the legal community have lauded this step.
Is the three-year rule a valid solution?
The Bar Council of India (BCI), the regulating body for legal practice in India, has a history of favouring such rules of getting 'experienced' judges. In a press release, the BCI called judicial officers not having practical experience at the Bar as "incapable", "inept", "impolite", and "impractical".