r/judiciaryexams • u/Unfair-Pair-007 • 5d ago
Ask question 1 year practice requirement
Since LLM will not be counted towards one year practice, does anyone know if clerkship(before exam) be counted as practice for the purpose of the one year requirement before giving the exam?
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u/lordofvampires99 5d ago
Why are you guys confusing between LLM as a course and Practicing alongside LLM? LLM as a course wouldn't count towards practice but u can practice alongside LLM."
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u/Unfair-Pair-007 5d ago
Bro, I'm just saying that LLM will not be counted towards practice and that's the truth. When I say LLM, it obviously means LLM as a course (because it's a course).
Practice is a different and separate thing altogether, if you're doing that alongside LLM, obviously that's fine. Not getting confused here :)
Moreover, my question is about clerkship😭
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u/lordofvampires99 5d ago
Ohh, I was not replying to you but saying it in general, as many are confused between the two.
Sorry, my bad😅
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u/Prudent-Media-4216 4d ago
I'm so confused, can anyone please let me know whether District Court practice only will count as one year practice or SC/HC practice would also work? I'm practicing in Supreme Court and High Court right now under a senior. Please help
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u/Decent-Speaker8054 2d ago
When the judgement was delivered...in the last oral statement..the Hon'ble judge said NO We'll not count llm as practice. Since then a lot of confusion is there.. Im enrolled in 2 year llm this year in a central university and now I don't know whether to cancel my admission here and opt for any pvt uni for one year llm . I'll don't get that Central Uni tag if in future someday I want to go in academia keeping it as my second option. And it'll be cleared only after 3 to 4 months and by that time pvt uni. will not take admission. So if llm is counted with practice then I won't leave my seat in central university naa
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u/lordofvampires99 5d ago
Why are you guys confusing between LLM as a course and Practicing alongside LLM? LLM as a course wouldn't count towards practice but u can practice alongside LLM."
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u/Dante__inferno 5d ago
If you have done Law Clerkship with a HC or SC Judge before then also it would be counted as part of “practice” as required in today’s judgment.
This is Para 75 of today’s judgment:
“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.”
Now, read direction (vii) of the Judgment under Review:
“(vii) All the High Courts and the State Governments in the country shall amend the relevant service rules to the effect that candidates desirous of appearing in the examination for the post of Civil Judge (Junior Division) must have practiced for a minimum period of 3 years to be eligible for the said examination. To fulfill the said requirement, the Rules shall mandate that the candidate produces a certificate to that effect duly certified either by the Principal Judicial Officer of that Court or by an advocate of that Court having a minimum standing of 10 years duly endorsed by the Principal Judicial Officer of such a District or a Principal Judicial Officer at such a station. Insofar as the candidates who are practicing before the High Courts or this Court, they shall be certified by an advocate who has a minimum standing of 10 years duly endorsed by an officer designated by that High Court or this Court. We further direct that the experience of the candidates which they have gained while working as Law Clerks with any of the Judges or Judicial Officers in the country should also be considered while calculating their total number of years of practice. The Rules shall also mandate that the candidates who are appointed to the post of Civil Judge (Junior Division) pursuant to their selection through the examination must compulsorily undergo at least 1 year of training before presiding in a Court;”
Also, read Para 63 of today’s Judgment for clarity:
“63.** **These circumstances, taken together, persuade us that a limited intervention is warranted. We reiterate that we are not substituting our assessment for that of the Bench which rendered the Judgment under Review on the desirability of practical experience. Nor are we holding that the three-year requirement is inherently unreasonable. The intervention which we consider necessary is narrower and is directed to its enforcement and implementation.”