Bhumika Trust V Union Of India And Others: The Scaling Down Of The 3-Year Practice Rule And Its Impact On The Legal Profession
Kalpita Choudhary, O.P. Jindal Global University
Vanshika Rathi, O.P. Jindal Global University
Research Question
Does the scaling down of the mandatory 3-year period to 1 year serve as a balancing tool for the twin concerns of competency and career security?
The 3-year practice rule: a historical overview
The introduction of the 3-Year Practice Requirement originates from the Second AIJA Case. The Hon’ble Court, in this case, had directed all States to prescribe 3 years’ practice as a lawyer as an essential qualification for recruitment at the lowest rung of the judicial service, with the object of securing competent, independent and honest judicial officers and strengthening the administration of justice and public confidence therein.
9 years later, based on the recommendations of the Shetty Commission that was constituted in 1996, the Hon’ble Supreme Court held that the mandatory 3-year requirement was not attracting the most qualified candidates to the judicial service and thus, the Hon’ble Court decided to strike down the mandatory 3-year practice rule as one of the criteria for eligibility. Even so, the Court emphasised the importance of adequate training, recommending a training period of not less than 1 year and, preferably, 2 years, to equip such recruits for the discharge of their judicial responsibilities.
But given the strange trajectory of the evolution of this rule, it is now wonder that it was again legitimized in 2025 in the Sixth AIJA Case, where the Court held that candidates seeking appointment as Civil Judge (Junior Division) must have practised as an advocate or law clerk for at least three years. This judgement, however, was again challenged on grounds that this mandatory practice period for eligibility to be appointed as judicial officers of the lowest rung, has discouraged talented graduates from entering the judiciary, particularly women and graduates from leading law schools.
