Colin Gonsalves moves SC to review verdict mandating three-year Bar practice for junior judges

United News of India

16-07-2025

New Delhi, July 16 (UNI) Senior Advocate Colin Gonsalves has filed a review petition before the Supreme Court challenging its recent judgment that mandates a minimum of three years' practice at the Bar as a prerequisite for recruitment as Civil Judge (Junior Division).
A Bench comprising Chief Justice of India (CJI) BR Gavai and Justices AG Masih and K Vinod Chandran had, on May 20, ruled that candidates must have at least three years of practice as advocates to be eligible for entry into judicial service.
The Court had directed all High Courts and State governments to amend their service rules accordingly.
However, it clarified that the requirement would not apply where the recruitment process had already commenced prior to the judgment.
The review petition, filed through Advocate Satya Mitra, has challenged the judgment on seventeen grounds.
It argues that the Court overlooked five Law Commission reports (1924–1986) that had rejected mandatory Bar practice as an effective qualification for judicial appointments.
The plea also cites the Second Judicial Pay Commission Report (2022), which recommended a fresh consultative process before imposing such criteria.
Highlighting advancements in judicial training, the petition states that since 2002, State Judicial Academies have conducted structured pre-service training, including year-long residential programs, court attachments, and rigorous instruction in court procedures and evidence law.
It further raises concerns about procedural fairness, alleging that affidavits collected from High Courts during the previous hearings were neither made public nor shared with aspiring candidates, depriving them of an opportunity to respond.
The plea contends that the mandatory practice condition disproportionately affects women, who often face societal pressures to marry early, as well as aspirants from Scheduled Castes, Scheduled Tribes, Economically Weaker Sections, persons with disabilities, and transgender persons, who lack equal access to litigation mentorship and inclusive workspaces.
Additionally, the petition criticises the Bar Council of India (BCI) for failing to protect student interests, pointing to high enrolment fees, the proliferation of unregulated law colleges, and delays in issuing licenses to young lawyers.
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