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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.
With regard to pre-induction
1.
2.

Upgradation
Specialisation
Meaning of terms, design, delivery
and standardization.
As regards contents of education,
objective, various subjects to be
covered and sequence in which
these are to be tackled.
Where is to be done (provided),
sustainability of the location,
faculty to impart, language, text
and assessment of transmission etc.
means
1. To

cause to conform to a
standard
2. To evaluate by comparing with a
standard
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.
The role and responsibilities of
court managers in enhancing
judicial administration.
In ancient India what was the
teaching and a caution to the
judges.
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).
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).
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
What we must aim at is an
incorruptible, impartial and
able judiciary right from the
bottom.
Young India, 27.8.1931, p 240
The situation has remained
Unchanged.
The administration of justice has
become so obsolescence that most
people regard the law as an
enemy rather than as a friend.
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.
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
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
It is not only the lawyers who
feel so. The judges hold the
same opinion.
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
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
The existing system
1. Delay

in disposal
2. Erosion of faith
3. Corruption
4. Shortages of judges, court staff
and infrastructure
Hence, a clear need to improve
the management of courts and
judicial system.
Who is primarily responsible to
take remedial steps?
The obligation is upon the
judiciary.
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 :
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.
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”.
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.
At the level of High Courts
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 :
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.
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 :
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.
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.
Let us get an human resources
provided for
The strength of Judges



Chief Justice
Hon’ble Judges

-

01
27
The judicial and administration
staff
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
Court Master

53

Senior Judicial
Assistant

55

Junior Judicial
Assistant

257
NUMBER OF POSTS
Gazetted Officers 221
Non Gazetted
Officers

805

Class IV

704
How are the personnel
management functions being
currently performed?
An illustration list of candidates
NOT found eligible to appear in
Junior Court Assistant Exam, 2012.
Total number

356

DOB blank/over
age
No photo
attached
Not citizen/Not

26
36
11
Not citizen/Not
Graduate
Not citizen/over
age
Not Graduate
Over age

10
03
110
167
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.
Judges
Registrar
General
Registrars
Jt. Registrars
Dy. Registrars
Asstt. Registrars

1/1
9/1
20/7
18
29
The figures in slash depict
those belonging to HJS.
Does such a large work force
contribute to efficiency?
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
Perhaps not!
Hence, there emerges a need to
introduce a system and expertise of
court management.
1.

The function of the CJI to frame
rules under Article 146 (2) is
legislative in nature (Paras 48
and 49).
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).
4.

The question of any reference
to the Pay Commission does
not arise. (Para 63).
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).
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).
The framework of National
Court Management Authority
(NCMA)
NJA’S mission is to enhance timely
justice, focusing on :
1.Delay

(DAR)

and Arrears Reduction

2.Enhancing

the Quality and
Responsiveness of Justice (QRJ)
However, NJA does not seem to
have any significant programmes
targeted at court management.
Policy & Action Plan document
released by the Chief Justice of
India on 27 September 2012.
Ambitious aim to make the
judicial system ‘five plus five’ i.e.
free of cases more than five years
old.
NCMS National Court
Management System
NFCE National Framework of
Court Excellence
NCMS National
Court
C
Management
Systems
Committee
NCMS to have six elements.
But none of them speak of how
the training or incorporation of
management concepts.
NCMSC has 18 members, out of
which nine are
Judges/Registrars
It could have included law
and management
teachers/experts.
The advisory committee of the
NCMS consists predominantly
of Judges.
While the vision is five plus
five, little is known about the
actual progress made in last
one year.
Reluctance on the part of the
decision makers to accept the need
of court management and training.
1. Adjudicational
2. Non

adjudicational or
administrative/ executive
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.
Various models considered
1. set up in 1985
2. education, training and
professional certification
programmes in court
management.
1. Non

judicial managers
2. Judges
1. Michigan

State University
2. National Centre for State
Courts.
3. Institute for Court
Management.
NACM has more than 2000
members from USA, Canada,
Australia and other countries.
A suitable model may be
evolved for India.
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.
1.
2.
3.
4.
5.
6.

Judicial administration
Working of courts
Human resources management
Human resources development
General administration
Financial management
1.
2.
3.
4.
5.

Law
Human Resources Management
Human Resources Development
Court Administration
Financial Management





cost
access
delay
perception






Staff recruitment
Eelection
Appraisal
Training
Development





Formulation of policies
Quality assessment and
establishment.
Performance appraisal system




Systems management for
processing of cases.
Research development and
innovation.
1.
2.

Budget planning & control
Performance audit
Periodic programmes
Within three years
Middle level
Senior managers
Top managers





Refresher training
Specialisation
Research and Consultancy
International Co-operation
Bachel
or in
Law
(Court
Manag
ement)
outside
BCI

BBA
LLB in
Court
Manag
ement
within
BCI
scheme

Three
years or
five years
followed
by a
two/one
year
program
on Court
Managem
ent

MBA
in
Court
Manag
ement

LLM
(One
Year)
in
Court
Manag
ement
WHO WOULD PROVIDE
THE EDUCATION?
VARIOUS OPTIONS
1.

2.

Central Research and
Development Institute.
National Judicial Academy in
conjunction with State Judicial
Academies.
3. National Law Schools.
4. Private initiatives like Amity
Law Schools.
5. IIM/other management
institutions.
The concerned domain should be
law rather than management
having regard to the nature of
special subjects, expert faculty and
primary stakeholders.
The option of Bachelor of Law in
Court Management is preferred.
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,
Higher Judiciary’s in principle
acceptance for the need to
introduce court management.
It would be desirable to develop
different specialities.





Trial Courts
Family Courts
Appellate Courts
Tribunals






Lok Adalats
Authorities
Enquiry Commissions
Military Courts
International Tribunals
DURATION – One year full
time on a trimester mode
Promulgation of the intent would
indicate the policy.
The proposed system would not to
be an overnight change.
It would be prudent to retain and
continue the existing mode as
regards induction (recruitment) for
a few years.
Introduction of a professional
programme without a reasonable
certainty of placement is to be
avoided.
Give an option to existing
officials to attend and acquire
management qualification.
During the period of transition, the
existing induction to continue,
though at a retarded pace.
Set up a committee to identify and
recommend the posts for which
exposure to court management
education would be an essential
qualification.
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.




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.
•Identify and engage suitable
experts for preparation of
objective literature.
•Frame requisite Rules
providing for education in
court management to be an
essential qualification.




Organisational Behaviour
Economics for Managers
Financial Management




Quantitative Techniques in
Management
Accounting and Budgetary
Control Total Credits : 3 Each





Paper I – Judicial
Administration
Paper II- Working of Courts
Paper III – HRM
Total Credits : 3 Each



Legal Communication
Behavioural Science
Human Resource Management
 Accounting & Financial
Management II
 Court Management
 Information Technology for Court
Managers
Total Credits : 3 Each

Performance Appraisal System
 System management for
processing of cases
 Quality assessment and
establishment
Total Credits : 3 Each





Tribunals and Commission of
Inquiry
Grievance redressal


COURT MANAGEMENT (4
Credits)
Choose any Four
 Court Rules
 Establishment Rules
 Structural Analysis of court
Functioning
 Analytical Reports
 Internal Court Operations
implies
a process of developing and
implementing technical
standards.
can be achieved by
1. Variety

control
2. Codification
To maintain same standards
and processes throughout the
country.
It should centre around
general core competences.
Have a flexible curriculum.
Cater for education and
faculty development.
Conform to the international
court management training
programmes.
Education and Training for Court Managers

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