Make three years’ experience at Bar must to become judge, BCI to tell SC

Abhinav.Garg@timesgroup.com

New Delhi:  05.01.2021

Should a judge have prior experience of advocacy in order to be effective?

The Bar Council of India says yes and plans to move the Supreme Court to seek that a minimum three-year practice at the Bar be made mandatory to become a judicial officer at the subordinate judiciary level.

In a release, BCI said it will file an application before the SC, arguing that judicial officers not having practical experience as advocates were mostly found to be “incapable and inept in handling matters”.

At present, fresh law graduates are being allowed to sit for the Judicial Service Examinations without having any practical experience at the Bar.

Claiming it has the support of all state bar councils, BCI said inexperience at the Bar is one of the primary and major reasons for delays in the disposal of cases in subordinate judiciary.

“Judicial officers not having practical experience at the Bar are mostly found to be incapable and inept in handling matters. Most of such officers are found to be impolite and impractical in their behaviour with members of the Bar and litigants,” Srimanto Sen, BCI secretary, stated.

It added that “Trained and experienced judicial officers can comprehend and dispose of matters at a much faster pace, thereby leading to efficient administration of justice.” Since the requirement of three-year experience at the Bar had been done away by the SC in March 2002, the apex body for advocates said it would file an application before the apex court to seek the modification of that order.

The statement came in the wake of a petition moved before the SC in connection with the decision of Andhra Pradesh Public Service Commission inviting applications in a notification in December for the appointment of civil judges (junior division) in the AP State Judicial Services for advocates having a minimum experience of three years.