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Report No. 77

9.4. Requirement practice.-

One other question linked with the above is whether practice at the bar for a number of years should be made compulsory before a person can be recruited as a judicial officer. In case the answer be in the affirmative, another question which would arise would be as to what should be the period of practice. Protagonists of the view that it should not be necessary to insist upon practice for a number of years at the bar assert that practice of three to five years serves no useful purpose.

During the first three to five years, an average practitioner hardly picks up much practice. As such, it is stated, he does not acquire great familiarity with the procedural and substantive aspects of the legal system. It is only the exceptional, favourably situated young man, enjoying the advantage of having a senior member being interested in him, who would gather much experience at the bar in so short a time.

Such an exceptional person, as observed in the fourteenth Report of the Law Commission, would naturally not care to be a competitor for entrance into the subordinate judicial service. It, therefore, happens that most of the people who strive to set into the judicial service after three to five years at the bar are the disappointed persons. Recruitment from the bar is thus described by some people as recruitment from amongst the disappointed members of the bar who have failed to make much headway in the profession.

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