Three – Year Practice Requirement: Constitutional Validity and Policy Implications

  • Boopathy V and Karthika P
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  • Boopathy V

    Student at Government Law College, Karaikudi, India

  • Karthika P

    Student at Government Law College, Karaikudi, India

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Abstract

The introduction of a mandatory three-year litigation experience for judicial aspirants has sparked widespread debate among stakeholders. While the primary intent behind this policy is to improve judicial appointments through practical legal exposure, it has also attracted criticism for being exclusionary, arbitrary, and potentially unconstitutional. This paper critically evaluates the historical development, policy rationale, constitutional concerns, and judicial interpretations surrounding the three-year requirement. Using a doctrinal and analytical framework, it assesses the rule’s strengths and shortcomings, its impact on judicial recruitment and access to justice, and proposes reforms that reconcile merit-based selection with fairness and inclusivity.

Keywords

  • Judicial Services
  • Practice Requirement
  • Article 14 and 233
  • Legal Professionals
  • Judicial Appointments and Constitutional Law.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 2453 - 2462

DOI: https://doij.org/10.10000/IJLMH.1110109

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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