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From Off The Dais To On The Dais: No Fast Lane To Judgeship




Ms. Jaza Sarosh, Teaching Assistant, Faculty of Law, Shree Guru Gobind Singh Tricentenary University, Budhera, Gurugram-Badli Road, Gurugram (Gurgaon), Haryana - 122505, India.

Arshad Alam, Assistant Professor, Faculty of Law, Swami Vivekanand Subharti University, Subhartipuram, Meerut, Uttar Pradesh – 250005


ABSTRACT


In the historic ruling All India Judges Association v. Union of India, the Supreme Court of India instituted a significant change by requiring at least three years of legal practice as a requirement for applicants hoping to become Civil Judges (Junior Division) in the lower judiciary. This judicial directive seeks to enhance the professional competence and courtroom preparedness of judicial officers at the entry level. This article undertakes a doctrinal analysis of the judgment, examining the legal reasoning adopted by the Court, the historical context of judicial recruitment in India, and the comparative practices in other common law jurisdictions. Further, it explores the potential impact of this reform on legal education, young graduates, and judicial vacancies. This study undertakes a detailed examination of whether a judicial recruitment model that emphasizes prior legal practice and professional experience effectively advances the broader objectives of the justice system, including ensuring judicial accountability, improving institutional efficiency, and reinforcing public confidence in the fairness and reliability of judicial decision-making.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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