Should Candidates With Disabilities Be Exempted From 3-Year Practice Rule For Judicial Service? Supreme Court To Consider

The Supreme Court today asked all the High Courts and National Law Universities to file their suggestions on the issue of exempting Persons with Disabilities from the 3- year practice rule for entering judicial service.

The bench of CJI Surya Kant, Justices Joymalya Bagchi and Vijay Bishnoi, was hearing a plea seeking exemption of the PwD lawyers from the 3-year practice rule to appear for judicial exams.

In May 2025, A bench comprising Chief Justice of India BR Gavai, Justice AG Masih and Justice K Vinod Chandran restored the condition that a minimum practice of three years as an advocate is necessary for a candidate to apply for entry-level posts in judicial service.

During the hearing, at the outset, the CJI remarked, "There cannot be a different set of rules for the specially abled candidates, in terms of basic eligibility."

He added that it was the prerogative of all the High Courts to ensure adequate representation of PwD candidates. At the same time, the CJI added, "but to say that the rule will apply to all others but not the specially abled, that will be very unfair to everyone."

The counsel appearing for the petitioners stated that one of the main issues with the rule is that it overlooks the practical difficulties of senior advocates not hiring specially-abled lawyers.

The CJI verbally remarked that, as per his recent interactions, the 3-year practice rule has disgruntled several students, and the bench is pondering on seeking suggestions on the rules.

"We do not want everything to originate from our opinion, we find that some young students are disappointed and demoralised also. We are planning to get feedback from students in NLUs and all High Courts."

The bench proceeded to order all the High Courts and Law Universities (both NLUs and Others) to submit their suggestions on the matter:

"Before taking any holistic view in this regard, it seems to us that opinions/ suggestions by all the HCs would be extremely useful, similarly suggestions can be given by Law Universities/NLUs. We direct all theHigh Court Registrars to place this order before the respective Hon'ble Chief Justices."

"The High Courts, as well as Law Universities, are requested to give their suggestions within 4 weeks."

Case Details : BHUMIKA TRUST vs. UNION OF INDIA| W.P.(C) No. 001110 / 2025