The three-year-rule was scrapped by the Supreme Court on the recommendation of the Shetty Commission in 2002.
- In 1993 SC held that a minimum legal practice of three years was essential to qualify for the subordinate judicial services examination.
- The court observes that the experience as a lawyer is essential to enable the Judge to discharge his/her duties and functions efficiently.
Other highlights from the Judgement
- Mandatory one year training for entry level judicial candidates before presiding over court.
- Practice as a law clerk will also be counted toward the 3-year requirement.
- Ongoing or already notified recruitment processes will proceed under existing rules.
Constitutional framework for Subordinate Courts
- According to Article 234 of Constitution
- Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State.
- Rules for appointment are made by the Governor after consultation with the State Public Service Commission and with the High Court.
- According to Article 235, the control over district courts and subordinate courts shall be vested in the High Court of the state.