LexALL INDIA JUDGES' ASSOCIATION AND ORS. versus UNION OF INDIA AND ORS.
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ALL INDIA JUDGES' ASSOCIATION AND ORS. A v. UNION OF INDIA AND ORS. AUGUST 12, 1994 [M,N. VENKATACHALIAH, 0. ANDS. MOHAN, J.] B Constitution of India, 1950-Articles 32 and 312-Kera/a Judicial Service Rules, 1991-Ru/e 5(3) and 10( 1 )-Kera/a Criminal Judicial Service Rules, 1973. The Supreme Court's directive that all the States prescribe mini- mum practice as a lawyer as a necessary qualification for recruitment to c the lowest rung in the judiciary is mandatory and three years' legal practice is pre-requisition for recruitment. If the rules prescribe for a longer standing at the Bar, that does not run counter to the directive. Hence the requirement of five years standing prescribed by Rule 10(1) read D with rule 5(3) of Kerala Service Rules, 1991 is perfectly valid. In All India Judges Association v. Union of India & Ors., [1992] 1 SCC 119 and [1992] SCC 119; [1992] SCC (L&S) : (1992) 19 ATC 42, a number of directions were issued by this Court for setting up All htdia Judicial Service and bringing about unanimous condition of service and practice E for members of subordinate judiciary throughout the country. Review Petitions were filed and after reviewing the judgment it was held in All India Judges Association and Anr. v. Union of India & Ors., [1993] SCC 288 in paragraph 20 as under : "It is hence, necessary that all the States prescribe the said minimum practice as a lawyer as a necessary qualification for recruitment to the lowest rung in the Judiciary" The State of Kerala filed IA 14 of 1994. In the above- mentioned Review Petition and sought the following 3 clarifications : i. Whether Rule 5 (3) of the Kerala Judicial Service Rules, 1991 can be retained as it is? F G ii. Whether the directions contained in paras 20, 24 and 52(a) of the judgment will apply retrospectively to the service candidates who are H 613 614 SUPREME COURT REPORTS (1994] SUPP. 2 S.C.R. A already working as judicial officers? B iii. Whether five years legal practice prescribed as mm1mum qualification for appointment to the lowest category of judicial service namely the MunsilT Magistrates requires to be amended since Rule 10(1) prescribes five years standing for the Advocates, as .three years practice, as per the directive issued by the Supreme Court? 1A 15 was filed by the Kerala High Court Stall Association and Ors. and it was submitted that the requirement of legal practice for a minimum period of 3 years applies only in the case of direct recruitment from the C Bar and not for appointment by transfer from service personnel as provided under the Kerala Civil and Criminal Judicial Service Rules. Under Rule 10(1) of said rules a minimum 5 years standing at the Bar has been prescribed: It was strongly pleaded that the rule for appointment by transfer may be retained. D Dismissing partially the lAs, this Conrt HELD : 1.1. Minimnm Practice· of 3 years, is highly essential to be recruited to a judicial office. Daily Practice in the courts strengthens and develops not only the innate qualities of intellect and character but also those of patience, temper and resilience which are so important in the E practice of the law. A period of training prior to ascending the Bench will help to repair some of the gaps which may have been created by the demands of life at the Bar. [619-E; 618-G] · F 1.2. It is no wonder that lawyers through the ages In all countries have enjoyed esteem and respect as pillars of justice, as preserver of the weak and poor against oppressors and tyrants, as upholders of the freedom and liberty; of human beings, as a sword for the guilty and a shield for the innocent. Therefore, legal practice for· a minimum three years is a must for recruitment in the lowest rung of judicial office. [619·D·E] G 1.3. The principle of minimum practice of three years is already laid down by this court. If the Rules prescribe for a longer standing in the Bar that does not in any way, run counter to the said principle. It is open to the State of Kerala to prescribe a higher qualification as five years stand· ing at the Bar. [622-A] H 1.4. It is hereby clarified the requirement of three years minimum ALLINDIAJUDGES' ASSN. v. U.0.1. 615 practice must be held to have come into force from 24.08.93. (622-C] A All India Judges' Assn. V. Union of India, (1992] 1 SCC 119; [1992] SCC L & S 9; (1992) 19 ATC 42 andAll IndiaJudges' Assn. v. Union of India, (1993] 4 SCC 288: (
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