Supreme Court Questions 3-Year Practice Rule for Judicial Service, Cites Impact on Women

by Daniel Perez - News Editor
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CJI Surya Kant Expresses Concerns Over 3-Year Practice Condition for Judicial Service Entry

New Delhi – Chief Justice of India (CJI) Surya Kant on Thursday voiced concerns regarding the requirement of a three-year practice condition for candidates seeking entry-level positions in the judicial service, particularly highlighting its potential impact on women aspirants. The observation came during a hearing of review petitions challenging the Supreme Court’s May 2023 judgment that reinstated the rule.

Bench Hearing and Concerns Raised

A bench comprising CJI Surya Kant, Justice K. Vinod Chandran and Justice A.G. Masih was hearing arguments related to the review petitions. CJI Kant emphasized the anxieties faced by young women due to the rule, noting that approximately 60% of judicial officers are now women. He stated the condition creates a “vacuum of three years” and potentially deprives the system of meritorious candidates.

Impact on Women Aspirants

The CJI expressed concern that societal pressures related to marriage and family could prevent women from fulfilling the three-year practice requirement. “Girls are really shaken. Girls are the potential of our merit. As of this condition, there is fear that they will never be able to complete because the family will not allow to complete. They will get married, get settled here and there… More of the social issues,” he said.

Meritorious Candidate Pool

CJI Kant also questioned the availability of qualified candidates given the rule. He pointed out that recruitment processes may now only attract those who have previously attempted and failed to secure a position or those who are seeking a second chance, potentially limiting the pool of fresh talent.

Court Seeks Responses

The Court has requested responses from the Registrar Generals of the High Courts regarding the review petitions. This move follows recent commentary from Justice Ujjal Bhuyan of the Supreme Court, who also highlighted the need to carefully observe the rule’s impact on women aspirants.

Background of the Rule

In May 2023, the Supreme Court restored the rule mandating a minimum of three years of practice as an advocate for eligibility in entry-level judicial service appointments. This decision reinstated a previous requirement that had been relaxed in 2002, with the Court citing the importance of prior courtroom experience in ensuring competence and maturity among trial-level judicial officers.

CJI Surya Kant Background

Surya Kant assumed the office of the 53rd Chief Justice of India on November 24, 2025. Prior to this, he served as a judge of the Supreme Court of India from May 24, 2019, and as the Chief Justice of the High Court of Himachal Pradesh from October 5, 2018. He also held positions as Executive Chairman of the National Legal Services Authority (NALSA) and Chairman of the Supreme Court Legal Services Committee (SCLSC).

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