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Supreme Court Raises Concerns Over 3‑Year Practice Rule for Judicial Service Entry – Impact on Women Aspirants — UPSC Current Affairs | February 26, 2026
Supreme Court Raises Concerns Over 3‑Year Practice Rule for Judicial Service Entry – Impact on Women Aspirants
The Supreme Court, through a bench led by Chief Justice Surya Kant, voiced concerns that the mandatory three‑year practice rule for entry‑level judicial posts may disadvantage women aspirants due to societal pressures. The Court has sought high‑court inputs on review petitions, highlighting the need to balance merit‑based recruitment with gender equity.
The Supreme Court expressed reservations on Thursday about the mandatory three‑year practice requirement for entry‑level posts in the judicial service . The concern centred on how the rule disproportionately affects women candidates. Key Developments A bench headed by Chief Justice of India Surya Kant , along with Justices K Vinod Chandran and A G Masih, heard review petitions challenging last year’s judgment that reinstated the three‑year practice condition. The CJI highlighted that nearly 60% of judicial officers are women , and the rule creates a "vacuum" of three years that may deter or disqualify them. Women aspirants fear societal pressures—marriage and family responsibilities—that could prevent them from completing the required practice period. The Court sought responses from the Registrar Generals of the high courts on the petitions. Justice Ujjal Bhuyan previously warned that the rule’s impact on women must be closely monitored. Important Facts In May 2023, the Supreme Court restored the requirement that candidates must have a minimum of three years of practice as an advocate to be eligible for entry‑level judicial posts. This rule had been relaxed in 2002, and the Court held that courtroom experience ensures competence and maturity at the trial level. The CJI warned that the current recruitment cycle lacks fresh law graduates; the only pool consists of those who previously failed attempts or are late entrants, potentially compromising the merit of the service. UPSC Relevance Understanding this debate is crucial for GS Paper II (Polity) as it touches upon: Judicial independence and the criteria for appointment to the judiciary. Gender equity in public services and the impact of socio‑cultural norms on women’s career progression. The role of the review petition as a tool for constitutional scrutiny. For GS Paper III (Ethics), the issue raises questions about fairness, equal opportunity, and the balance between professional competence and social inclusion. Way Forward Potential policy adjustments could include: Introducing a flexible practice period or alternative competency assessments for women who face marital or familial constraints. Creating a dedicated recruitment window for fresh law graduates to ensure a steady inflow of talent. Monitoring the gender‑wise impact of the rule through periodic reports from the high courts and the Supreme Court. Such measures would aim to preserve the intended merit‑based selection while mitigating unintended gender bias, thereby strengthening the overall quality and inclusiveness of the Indian judiciary.
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Overview

Supreme Court challenges 3‑year practice rule, citing gender bias in judicial recruitment

Key Facts

  1. 24 April 2024: SC bench headed by CJI Surya Kant heard review petitions against the 3‑year practice requirement for entry‑level judicial posts.
  2. The rule, reinstated by the Supreme Court in May 2023, mandates a minimum of three years of practice as an advocate for eligibility to the judicial service.
  3. Around 60 % of sitting judicial officers are women; the rule is said to create a three‑year ‘vacuum’ that deters female aspirants.
  4. Justice Ujjal Bhuyan earlier warned that the rule’s impact on women must be closely monitored.
  5. The Court has asked the Registrar Generals of all high courts to submit responses on the petitions.
  6. The 2002 amendment had relaxed the practice period, which was later reversed by the Supreme Court.
  7. Current recruitment cycles lack fresh law graduates, relying mainly on candidates who failed earlier attempts, raising concerns over merit.

Background & Context

The debate sits at the intersection of judicial independence, merit‑based recruitment, and gender equity—core themes of GS Paper II (Polity). It also touches upon constitutional tools like review petitions and the broader challenge of ensuring inclusive public services, relevant to GS Paper IV (Ethics & Integrity).

UPSC Syllabus Connections

GS2•Executive and Judiciary - structure, organization and functioningPrelims_GS•Constitution and Political SystemGS4•Lessons from lives and teachings of great leaders, reformers and administratorsGS4•Concept of public service, philosophical basis of governance and probityGS2•Comparison with other countries constitutional schemesEssay•Society, Gender and Social JusticeEssay•Philosophy, Ethics and Human Values

Mains Answer Angle

GS II: Discuss the implications of the three‑year practice rule on gender equity and merit in judicial recruitment. GS IV: Evaluate the balance between professional competence and equal opportunity in public services.

Full Article

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Analysis

Practice Questions

Prelims
Medium
Prelims MCQ

Judicial recruitment criteria and gender equity

1 marks
4 keywords
GS2
Easy
Mains Short Answer

Impact of recruitment criteria on gender equity

5 marks
5 keywords
GS2
Hard
Mains Essay

Judicial service selection reforms and gender equity

25 marks
7 keywords
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