SC: Bar Practice Rule Not Applicable to Officers Appointed Before 20 May 2025 for Inter-State Recruitment

The Supreme Court stated that judicial officers who entered service before the judgement delivered on 20 May 2025 (the ruling that revived the requirement of three years of practice at the Bar for entry into the judicial service) were not expected to fulfil this practice condition when applying for recruitment in another State. The Court clarified that this exemption operated only if such officers had already completed three years of service in the State where they were initially appointed.

The clarification was issued by a Bench headed by the then Chief Justice of India BR Gavai, sitting with Justice K Vinod Chandran, while examining an application filed by a woman serving in the Madhya Pradesh Judicial Service. She had joined the cadre as a Civil Judge (Junior Division) in 2019. At the time of her recruitment, she had been enrolled with the Bar Council of Delhi for less than one year. Since the minimum practice requirement did not exist then, she was eligible and was appointed accordingly.

Her application before the Supreme Court arose from her intention to participate in the recruitment process for judicial services in other States. Because she did not possess three years of practice at the Bar, she asked the Court to clarify whether the mandate introduced through the judgement dated 20 May 2025 would apply to officers appointed before that date.

While considering her request, the Bench recorded that she had already served six years in the Madhya Pradesh judiciary. The Court concluded that the condition relating to the length of professional practice at the Bar could not be enforced against her.

To avoid uncertainty for similarly placed officers, the Bench stated:

“However, in order to remove any ambiguity, we further clarify that in case of Judicial Officers, who are appointed prior to the passing of the judgement dated 20.05.2025, referred to above, the requirement of three years practice at the Bar would not be necessary, in case they apply for Judicial Services in any other State. This is, however, subject to them completing three years’ service in their present State.”

The ruling formed part of proceedings in the matter titled All India Judges Association v. Union of India.