The Kerala High Court, in a Full Court meeting of judges resolved to amend the rules for becoming a Civil Judge (Junior Division) in the state. Now, applicants must have at least 3 years of practice as an Advocate before applying for the Kerala Judicial Service Examination.
The January 31, 2024 notification for the Kerala Judicial Service Examination (held in 2024) did
not require applicants for Civil Judge (Junior Division) positions to have 3 years of legal
experience. In other words, you could apply for the exam in 2024 without prior legal experience under the previous rules.
The Madhya Pradesh High Court also brought about similar amendments that mandated either
70% marks in the LLB course or a three-year practice. This change was recently upheld by both
the High Court and the Supreme Court. The 116th Law Commission report (1986) put forward the idea that the “catch them young” concept should not be applied in the case of the appointment of judicial officers. The discussion highlighted the importance of experience, legal expertise, and practical understanding for judicial officers. The Shetty Commission headed by Justice Jagannatha Shetty, also reiterated the discussion made under the 116th Law Commission report.
Even though there may be an importance of having experience practicing in a court of law, this may be a challenging situation for female lawyers and lawyers from marginalized backgrounds. The new requirement of experience might discourage young lawyers. With better-starting salaries and a more welcoming environment, corporate law firms could become even more attractive compared to the traditional court system. This trend of law graduates favoring corporate jobs is already growing, fueled by the perception of traditional practice as both demanding and difficult to break into.
