Education and Training for Court Managers

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. Upgradation2. 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 India6.10.1920 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 disposal2.Erosion of faith3.Corruption4.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 - 01 Hon’ble Judges - 27

The judicial and administration staff

Nature and Type of Posts Registrar General

Secretary General 01Registrars 01Additional Registrars 21Deputy Registrars 16Assistant Registrars 35Assistant 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

26

No photo attached

36

Not citizen/Not photo all

11

Not citizen/Not Graduate

10

Not citizen/over age

03

Not Graduate 110Over age 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.

JudgesRegistrar General

1/1

Registrars 9/1Jt. Registrars 20/7Dy. Registrars 18Asstt. Registrars

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 political?

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 and Arrears Reduction (DAR)

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

NCMSC

National Court 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.Adjudicational2.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 managers2.Judges

1.Michigan State University2.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. Ability to manage the system.2. Create process and disseminate

requisite information.3. Set up financial control and

monitor its operation.4. Operate the personnel system.

1. Judicial administration2. Working of courts3. Human resources management4. Human resources development5. General administration6. Financial management

1. Law2. Human Resources

Management3. Human Resources

Development4. Court Administration5. 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. Budget planning & control2. Performance audit

Periodic programmesWithin three yearsMiddle levelSenior managersTop managers

Refresher training Specialisation Research and Consultancy International Co-operation

Bachelor in Law (Court Management) outside BCI

BBA LLB in Court Management within BCI scheme

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

MBA in Court Management

LLM (One Year) in Court Management

WHO WOULD PROVIDE THE EDUCATION?

VARIOUS OPTIONS

1. Central Research and Development Institute.

2. 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. Law degree will provide comprehensive legal base.

2. Functioning within law domain will facilitate better comprehension of objective and its attainment.

3. Easy access to law library, visiting and guest faculty.

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 ManagersTotal 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 control2.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.