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Bhumika Trust v. UoI: SC on 3-Year Practice Requirement for Civil Judge

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ELIGIBILITY FOR DIRECT APPOINTMENT AS CIVIL JUDGE (JUNIOR DIVISION)

BHUMIKA TRUST v. UNION OF INDIA

[2026 INSC 904]

Delhi Law Academy Jaipur presents below for aspirants of Rajasthan Judicial Service (RJS), DJS, PCS (J) and other Judicial Services throughout India a very important judgment of the Supreme Court of India, delivered on August 21, 2026.

Presented below:

Summarized version
[by Delhi Law Academy Jaipur] of the Supreme Court Judgment in the case of Bhumika Trust v. Union of India [2026 INSC 904] delivered just 10 days back, on 21 August, 2026.

[Original language of the judgment has been maintained; it has not been disturbed or replaced]

Length of original judgment is 57 pages, but we have extracted relevant portions in just about 4 pages.

Bhumika Trust v. Union of India

[2026 INSC 904]

J U D G M E N T

2. The instant matters seek either clarification or review of this Court’s judgement dated 20.05.2025 …….. (Judgement under Review), whereby a minimum of 3 years’ practice at the Bar was mandated as an eligibility criteria to be considered for appointment to the post of Civil Judge (Junior Division).

DIRECTIONS AND CONCLUSION

73. In light of the above discussion, we consider it appropriate to issue the following directions, which would apply to all recruitment notification/advertisement(s) issued to the post of Civil Judge (Junior Division) in the transitional period, i.e., notification/advertisement(s) issued after the Judgement under Review up to 31.03.2027:

(i) All law graduates shall be eligible to apply, notwithstanding the three-year practice requirement. Having regard to the fact that more than one year has elapsed since the Judgment under Review was pronounced, such candidates shall, for the purposes of their applications, be deemed to have completed one year of active practice. They shall not be required to furnish a separate Certificate of Practice in support of the said deemed period;

(ii) Candidates selected pursuant to the aforesaid recruitment shall, upon appointment, be designated as “Trainee Judicial Officers” and shall undergo a compulsory period of one year of intensive training at the concerned State Judicial Academy. This period shall be treated as equivalent to one year of practice at the Bar for the purposes of the three-year requirement;

(iii) During the period of such training, the Trainee Judicial Officers shall be paid a fixed emolument equivalent to one-half of the remuneration payable to a Judicial Magistrate First Class in the concerned State. They shall, in addition, be entitled to the facilities and other benefits ordinarily made available to trainees at the concerned State Judicial Academy;

(iv) Upon successful completion of the aforesaid training, the Trainee Judicial Officers shall undergo a further period of one year of structured Law Clerkship. The first six months shall be spent as a Law Clerk under the supervision of the Principal District/District and Sessions Judges or Members of the Higher Judicial Services, and the remaining six months under the supervision of a sitting Judge of the concerned High Court;

(v) The aforesaid one-year period of Law Clerkship shall also be treated as equivalent to one year of practice at the Bar for the purposes of satisfying the three-year requirement;

(vi) During the period of Law Clerkship, the Trainee Judicial Officer shall be paid same emoluments as admissible during their training in State Judicial Academies, with no further allowance, etc.;

(vii) Upon completion of the Law Clerkship, the sitting Judge of the High Court under whose supervision the Trainee Judicial Officer has served shall submit a reasoned evaluation report concerning the performance and suitability of the trainee. Upon such evaluation being found satisfactory, the Trainee Judicial Officer shall be appointed to the regular post in the field and shall thereafter be entitled to the regular pay scale and other service benefits attached to the post.

POST-TRANSITION PERIOD

74. We further direct that for the period following the transition period, i.e., notification/advertisement(s) issued on or after 01.04.2027, the following directions shall govern the recruitment to the post of Civil Judge (Junior Division):

(i) Every candidate seeking to appear for the examination for appointment as Civil Judge (Junior Division) shall possess at least one year of actual practice from the source and certification as laid down in direction (vii) and (viii) of the Judgment under Review for now and thereafter as laid down hereinafter. Such practice shall be subject to verification through issuance of a Certificate of Practice, which shall not be issued unless the candidate’s presence and participation in effective judicial proceedings, whether along with a senior member of the Bar with at least 10 years practice or otherwise, have been duly recorded in accordance with the mechanism to be prescribed by the High Courts;

(ii) The application of a candidate for recruitment to the judicial service from the aforesaid recruitment cycle shall be entertained only upon submission of the requisite certificate evidencing completion of one year of actual practice in the District Courts;

(iii) Candidates selected pursuant to such recruitment shall, notwithstanding their one year of prior practice, undergo the same one-year period of intensive training at the State Judicial Academy followed by 6 months of Law Clerkship under the Principal District/District and Sessions Judges or Members of the Higher Judicial Services and thereafter another 6 months of Law Clerkship under a sitting Judge of the concerned High Court, in terms of directions (ii) to (vii) of Paragraph 73.

78. In our considered opinion, it merits clarification that the scheme formulated herein should not be made immutable. Judicial recruitment is an evolving process, and the effect of the present arrangement can be properly assessed only after it has operated for a reasonable period.

79. Therefore, scheme contained in these directions shall remain in force for a period of five years from the date of this judgment.

80. Upon completion of the aforesaid period of five years, the working of this scheme, including the quality of recruitment, the nature and efficacy of training and clerkship, the performance of officers recruited under the scheme and such other empirical material as may be relevant, shall be placed before this Court for its consideration, and the scheme shall thereafter be revisited, if necessary.

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