1. The document discusses the need for introducing court management education and professionalization in India. It outlines various models of court management, proposes a framework for a National Court Management Authority, and discusses setting up a Bachelor's program in Law with specialization in Court Management.
2. Key elements include identifying core court management skills, engaging experts to develop training literature, amending rules to make court management education a required qualification for relevant posts, and establishing a transition process while the new system is introduced.
3. A proposed curriculum outlines subjects like Judicial Administration, Working of Courts, HRM, Accounting and Financial Management, IT for Court Managers, and specialized papers in areas like Tribunals and Quality Assessment.
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Education and Training for Court Managers
1.
2.
3. Education in regard to a professional
skill may be for different levels.
Firstly, to train him to undertake the
role. Thereafter, to upgrade his
competence.
7. As regards contents of education,
objective, various subjects to be
covered and sequence in which
these are to be tackled.
8. Where is to be done (provided),
sustainability of the location,
faculty to impart, language, text
and assessment of transmission etc.
9. means
1. To
cause to conform to a
standard
2. To evaluate by comparing with a
standard
10. Standardization implies consistency
and uniformity. By its inclusion in
the scope of the presentation, it is
meant to be of the desired quality
which should be capable of
objective evaluation and
assessment.
11. The role and responsibilities of
court managers in enhancing
judicial administration.
12.
13. In ancient India what was the
teaching and a caution to the
judges.
14. 1.
Neither the king nor any servant
of his, shall himself cause a law
suit to be initiated or hush up
that has been brought before him
by any other person. (VIII - 43).
15. 2.
Where Dharma (justice) is sought
to be destroyed by Adharma
(injustice) and truth is sought to
be destroyed by untruth, and the
judges fail to prevent the same
and remain mere spectators, they
are sure to be destroyed. (VII
-14).
16.
17.
18.
19.
20.
21. The economic drain that the law
courts cause has at no times been
considered. And yet it is not a
trifle. Every institution founded
under the present system is run on
a most extravagant scale. Law
courts are probably the most
extravagantly run.
Young India
6.10.1920 pp 2-3
22. What we must aim at is an
incorruptible, impartial and
able judiciary right from the
bottom.
Young India, 27.8.1931, p 240
25. The administration of justice has
become so obsolescence that most
people regard the law as an
enemy rather than as a friend.
26. The law may not be an ass but it is
certainly a snail: the operation of
our legal system is not merely
slow but is susceptible to the most
shameless delaying tactics, and
resort to the courts has become a
costly lottery which takes years in
the drawing.
27. As on December 31, 1977, there
were no fewer than 5,87,319 cases
pending in different High Courts of
India not to speak of the far greater
number of cases pending in the
subordinate courts.
Nani Palkhivala, “We The People”.
P 354
28. Though the problem of the
administration of justice is so vast
and urgent, we have not even
started nibbling at it.
Nani Palkhivala, “We The
People”, P 354
29. It is not only the lawyers who
feel so. The judges hold the
same opinion.
30.
31. With a legal architecture
designed for a colonial situation
and a jurisprudence structured
around a free market economy,
the Indian judiciary could not
accomplish much in fulfilling the
Constitutional aspirations of the
vast masses of the poor and
under privileged segments of the
society.
“My Tryst with Justice” P 69
32. AT ANOTHER PLACE
How can a twentieth century justice
be produced out of a nineteenth
century mould?
This is the problem which lawyers,
judge and social activists have to
resolve.
“My Tryst with Justice” P 71
33. The existing system
1. Delay
in disposal
2. Erosion of faith
3. Corruption
4. Shortages of judges, court staff
and infrastructure
34. Hence, a clear need to improve
the management of courts and
judicial system.
38. 1.
Appointments of officers and
servants of the Supreme Court
shall be made by the Chief
Justice of India or such other
Judge or officer of the Court as
he may direct :
39. Provided that the President may by
rule require that in such cases as
may be specified in the rule, no
person not already attached to the
Court shall be appointed to any
office connected with the Court,
save after consultation with the
Union Public Service Commission.
40. 2.
Subject to the provisions of any
law made by Parliament, the
conditions of service of officers
and servants of the Supreme
Court shall be such as may be
prescribed by rules made by the
Chief Justice of India or by some
other Judge or officer of the
Court authorised by the Chief
Justice of India to make rules for
the purpose”.
41. Provided that the rules made
under this clause shall, so far
as they relate to salaries,
allowances, leave or
pensions, require the
approval of the President.
43. 1.
Appointments of officers and
servants of a High Court shall be
made by the Chief Justice of the
Court or such other Judge or
officer of the Court as he may
direct :
44. Provided that the Governor of the
State may by rule require that in
such cases as may be specified in
the rule no person not already
attached to the Court shall be
appointed to any office
connected with the Court save
after consultation with the State
Public Service Commission.
45. 2.
Subject to the provision of any law
made by the legislature of the state,
the conditions of service of officers
and servants of a High Court shall
be such as may be prescribed by
rules made by the Chief Justice of
the Court or by some other Judge
or officer of the Court authorised
by the Chief Justice to make rules
for the purpose :
46. Provided that the rules made under
this clause shall, so far as they relate
to salaries, allowances, leave or
pensions, require the approval of
the Governor of the State.
47. 3.
The administrative expenses of
a High Court, including all
salaries,
allowances
and
pension payable to or in respect
of the officers and servants of
the Court, shall be charged
upon the Consolidated Fund
the State, and any fees or other
moneys taken by the Court
shall form part of that Fund.
52. Nature and Type of Posts
Registrar General
Secretary General
01
Registrars
01
Additional Registrars
21
Deputy Registrars
16
Assistant Registrars
35
Assistant Registrars cum PS 27
59. QUESTION
How could persons be recruited for
the
Supreme
Court
whose
photographs are not held or whose
nationality or date of birth not
known or who were over age.
62. Does such a large work force
contribute to efficiency?
63. Does the management
and operation of
officers and servants
and the expenses of
the Supreme Court is
conducive to secure to
all the citizens?
Justice social ,
economic and
65. Hence, there emerges a need to
introduce a system and expertise of
court management.
66.
67.
68.
69.
70.
71. 1.
The function of the CJI to frame
rules under Article 146 (2) is
legislative in nature (Paras 48
and 49).
72. 2.
The CJI has to apply his mind
when he frames the rules with
the assistance of his officers.
3. The rules framed by CJI should
be looked upon with respect and
unless there is very good reason
not to grant approval, the
approval should always be
granted. (Paras 57, 62 and 58).
73. 4.
The question of any reference
to the Pay Commission does
not arise. (Para 63).
74. The CJI may appoint a Committee
of Judges or a Committee of
experts for the purpose of
assisting him in forming the rules
relating to the conditions of service
of the employees of the Supreme
Court. (Para 63).
75. Both the CJI and the President
act as delegates by virtue of the
conferment of power. They
must in this regard necessarily
act in good faith, reasonably,
intra vires the power granted,
and on relevant consideration of
material facts. (Paras 95 and 96).
94. Court management is the process
of planning, organising, staffing,
directing, co-ordinating, reporting,
budgeting and controlling the
functioning of all court officials
and using all institutional
resources to achieve maximum
efficiency in delivery of justice in
lesser time and at a lower cost.
104. 1.
2.
3.
4.
Ability to manage the system.
Create process and disseminate
requisite information.
Set up financial control and
monitor its operation.
Operate the personnel system.
117. 3. National Law Schools.
4. Private initiatives like Amity
Law Schools.
5. IIM/other management
institutions.
118. The concerned domain should be
law rather than management
having regard to the nature of
special subjects, expert faculty and
primary stakeholders.
119. The option of Bachelor of Law in
Court Management is preferred.
120. 1.
2.
3.
Law degree will provide
comprehensive legal base.
Functioning within law domain
will facilitate better
comprehension of objective and
its attainment.
Easy access to law library,
121. Higher Judiciary’s in principle
acceptance for the need to
introduce court management.
122. It would be desirable to develop
different specialities.
128. It would be prudent to retain and
continue the existing mode as
regards induction (recruitment) for
a few years.
129. Introduction of a professional
programme without a reasonable
certainty of placement is to be
avoided.
130. Give an option to existing
officials to attend and acquire
management qualification.
131. During the period of transition, the
existing induction to continue,
though at a retarded pace.
132. Set up a committee to identify and
recommend the posts for which
exposure to court management
education would be an essential
qualification.
133. The committee to be headed by a
Judge should consist of advocates,
law & management teachers, a
registrar and a representative from
UPSC, apart from others considered
desirable.
134.
Define core areas of court
management skills.
Point out basic responsibilities
that all court managers should
be able to handle irrespective of
the court system.
135. •Identify and engage suitable
experts for preparation of
objective literature.
•Frame requisite Rules
providing for education in
court management to be an
essential qualification.
143. Human Resource Management
Accounting & Financial
Management II
Court Management
Information Technology for Court
Managers
Total Credits : 3 Each
144. Performance Appraisal System
System management for
processing of cases
Quality assessment and
establishment
Total Credits : 3 Each