'Judicial Officers Not Having Experience At Bar Mostly Found To Be Incapable' : BCI To Move SC For Mandatory Practical Experience For Judicial Service

The Bar Council of India has said that it will file an application in the Supreme Court seeking modification of the order which allowed fresh law graduates to become judicial officers. It said that the BCI and the State Bar Councils are "strongly in favour" of a 3 year minimum experience at the bar for being considered eligible to sit for judicial service exam.

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

The BCI said that such judicial officers lack understanding of the aspirations and expectations of advocates and litigants in a proper and decent manner. Most of such officers are found impolite and impractical in their behaviour with members of the bar and litigants.

"The 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", it added.

Stating so, the BCI said that it will soon file an application to seek a modification of the order passed by the Supreme Court in 2002 in the case All India Judges Association v Union of India which removed the requirement of 3 year experience at bar for appearing for judicial service examinations.

The BCI also said that it will also file an impleadment application in the recent petition filed in the Supreme Court challenging the notification issued by the Andhra Pradesh High Court which made 3 years minimum practice as an advocate a condition for applying for the posts of civil judge junior division. The petitioner in that case, Mr. Regalgadda Venkatesh, challenges Rule 5(2)(a)(i) of the Andhra Pradesh State Judicial Service Rules of 2007 which lays down such a condition.

Last week, a vacation bench comprising Justices Indira Banerjee and Aniruddha Bose had issued notice on the petition but refused to stay the rule.

The BCI said that it is filing another application to seek impleadment in the said matter as a party to "plead in favour of urgency and requirement to have a minimum 3 year experience at the Bar as a requirement to be eligible to sit in Judicial Service Exam".