NEWS: ‘Judicial Officers not having Experience at Bar Mostly Found to be Incapable’: BCI Moves to SC for Mandatory Practical Experience

By Legal Wires 3 Minutes Read

The Bar Council of India has moved to Supreme Court for seeking modification for making 3 years mandatory experience in the bar as an eligibility criterion to sit for judicial service examination.

BCI said in a press release: “Judicial officers not having practical experience at the bar are mostly found to be incapable and inept at handling matters.”

“Inexperience at the Bar is one of the primary and major reasons for delays in the disposal of cases in the sub-ordinate judiciary. Trained and experienced judicial officers can comprehend and dispose of matters at a much faster pace, thereby leading to efficient administration of justice,” the application states.

BCI said that the judicial officers lack understanding of aspirations and expectation of an advocates and litigants in a proper and decent manner. Most of them are found impolite and impractical in their behavior.

Petitioner Regalagadda Venkatesh has challenged the notification as being violative of the 2002 Supreme Court order in All India Judges Association & others v. Union of India

In that case, the Supreme Court had done away with the requirement of 3 years of experience at the Bar.

An impleadment application has been filed in a plea from Andhra Pradesh challenging the precondition of three years of practice as an advocate to be eligible to write the Civil Judge exam in the State.

The Andhra Pradesh High Court had issued notice on the petition on December 30 but refused to stay Rule 5(2)(a)(i) of the Andhra Pradesh State Judicial Service Rules of 2007, which lays down the above condition in AP.

The Andhra Pradesh Public Service Commission had issued a notification on December 3, 2020, inviting applications for appointment of Civil Judges Junior Division in the AP State Judicial Services but limiting it to those who had at least 3 years experience as a practicing advocate.

Presently, fresh law graduates are allowed to sit for judicial service examinations throughout India without having any practical experience at the Bar.

Read BCI Press Release HERE

Legal Wires

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