Recently, the Supreme Court of India said that, Law clerks are not allowed to practice law during their tenure.

The matter was headed by the Chief Justice of India DY Chandrachud.

In the said matter, the petitioner challenging the orders of the Madras High Court, which required the suspension of practice for individuals seeking appointment as law clerks with high court judges.

Case Brief-

In the said matter, the petitioner, R. Harishni, had worked as a law clerk in Madras High Court under the judge for two years and had to suspend her practice during that time.

After completing her tenure as a law clerk, Harishni resumed her practice in 2021.

The petitioner sought to apply for the position of civil judge in the Tamil Nadu State Judicial Service but was disqualified and said to be ineligible due to the requirement of a minimum of three years of practice.

This requirement did not include the time spent as a law clerk.

To this, she moved to the Supreme Court challenging the disqualification by TNSJU.

In Court she requesting her experience as a law clerk be counted as practicing experience.

In her plea, she mentioned that the suspension of practice amounted to discrimination and violated Articles 14 and 16 of the Indian Constitution, which ensure equal opportunity and non-discrimination in appointments to services.

However, the Chief Justice of India, D.Y. Chandrachud, remarked during the hearing that law clerks should not be practicing law during their tenure, as they are meant to assist the judges and not appear in other courts.