ഷെട്ടി കമ്മീഷന് റിപ്പോര്ട്ട് 5
13.5 JUDICIAL EDUCATION AROUND THE WORLD :
A SELECT SURVEY
13.5.1 Educating judges on judicial functions and training them on how to judge properly are relatively new ideas not yet accepted fully by the judicial fraternity. Some judges still believe that institutionalised training may interfere with judicial independence. Others resent the very notion of training in as much as it questions their capacity and competence. However, with the explosion in knowledges bearing on legal disputes and with the diversification of complex litigation, there has been increasing demand from many judges themselves for programmes of continuing education tailored to specific problems and needs. Today in some countries it has become mandatory for judicial personnel to get trained periodically. Even experienced judges have felt the need for examining their judicial skills and methods of work in the context of technological developments and specialised legal practice. In plural democratic societies the need is felt to identify possible biases in relation to minorities, caste groups and women vis-à-vis judicial attitudes and practices with a view to correct the distortions in the process of judging. The need for mandatory judicial education is now acknowledged throughout the world and many countries have evolved programmes for institutionalised judicial training institutes organized as part of the judicial establishment of the respective countries.
Judicial Studies Board of England and Wales :
13.5.2 In England the proposal for organized judicial training came from a working group appointed in 1975 under the Chairmanship of Lord Justice Bridge. The dislike of the word 'training' led to the nomenclature of "judicial studies" which came to be accepted in place of the then prevailing sentencing seminars. The Judicial Studies Board was created by the judges in 1978 with the initial object of reducing inconsistency in sentencing in criminal courts. Until 1985, the Board was concerned only with the criminal jurisdiction. Thereafter, its role was extended to the civil and family jurisdictions. The Board also
became responsible for supervising the training of Magistrates and members of tribunals.
13.5.3 The structure of the Judicial Studies Board comprises the Main Board, which is responsible for policy and planning and for all matters of general application, and four Committees for planning and organizing instructional seminars and providing the necessary material. In 1991 the Board established a fifth Committee to advise the Board and the other committees on the problems and concerns of Ethnic Minorities. The other four Committees are - the Criminal Committee for training those who sit in the Crown Court; the Civil and Family Committee to train judges who deal with these areas of work; the Magisterial Committee to train Magistrates and a Tribunals Committee to advise on training of those who serve on tribunals. There are sixteen members of the Main Board, of whom 10 are judges. There are 63 members of committees, of whom 20 are judges. The administration of the Board's activities is managed by the personnel of the Lord Chancellor's Department. The courses are run by the judges under their direct control despite the recommendation of the Bridges Committee to attach the programmes to an academic centre with a full-time Director of Studies. The Board reportedly has an annual budget of nearly 2 million pounds.
13.5.4 The Board's induction seminars last 3 to 4 days. There are four criminal induction seminars a year attended by an average of 120 lawyers, some of who have never even conducted a case in the criminal courts. First day is devoted to lectures on preparation and conduct of a trial. A mock trial in which the novice judges play different roles is the highlight of the second day. A real judge presides over the trial. Actual cases are used in mock trial and the trainees learn how to manage a trial. In the third day they will receive lectures from academics, probation officers, prison officials etc. The rest of the course is devoted to sentencing exercises. Much of the work is now done in groups of five or six pupils, each with its own tutor judge.
As homework, the trainees are given examples of real cases and asked what sentences they would impose. These are marked and compared with the actual sentences given by the Court of Appeal. Thereafter the trainee judges are attached with an experienced judge for a week or two before they are permitted to sit in the Crown Court. Many persons feel that even after four days of intensive training, they are not well prepared to sit in the regular courts.
13.5.5 The newly appointed judge usually begins his judicial career sitting in the court where he gained his work experience. There is always a more senior judge sitting in a nearby court; if anything goes wrong the new judges are told to adjourn the case immediately so that they can seek the advice of the senior judge. They can also telephone the Court of Appeal and ask the Registrar for instant advice on what to do next. After sitting for five years, these judges get another 3 or 4 days' refresher course for each subject area in which they are involved - crime, civil actions and family work.
13.5.6 There are no residential training courses for High Court judges or judges of Court of Appeal. They do attend occasional evening seminars to learn about developing areas of law. Sometimes they attend one day seminars on important new legislations.
13.5.7 The Board's committees use the services of law professors, practising lawyers and experts from other professions to lecture at the seminars. Otherwise, the major part of the course is to be conducted by the committees themselves. This work involves the selection of subjects, selection of speakers, selection of reading materials, selection of material for practical exercises and writing the publications of the Board. In association with the Open University, the Board has brought out training packages for Magistrate's training.
Judicial Education in the United States of America :
13.5.8 Judicial education in America is perhaps the best organized and most advanced in the whole world. Started in early 1960s as part of judicial conferences, the training seminars became popular and in great demand among trial judges. With a grant from a private Foundation, the American Bar Association with the involvement of the National Conference of State Trial Judges established in 1964 the National Judicial College. Starting with modest curriculum and an enrolment of a couple of hundred judges, by the mid 1970s, the National Judicial College began presenting 40 to 50 courses each year attracting over 1800 judges annually. Several extension programmes are additionally organized. The College, a non-profit educational corporation, is located on the campus of the University of Nevada, Reno since 1965. The College is governed by a board of trustees chosen by the American Bar Association Board of Governors. The Board of Trustees sets general college policy and chooses the Dean, who serves as the chief executive officer of the college. With an operating budget of about $4.5 million annually, the college is funded by a combination of tuition, gifts and grants from alumni, corporations and foundations and the income from $10 million endowment that the college has raised. In addition to the resident courses in Reno, the college conducts a number of State and regional programmes as well as special programmes for judges from foreign countries. The college offers in co-operation with the University of Nevada, a Master of Judicial Studies degree programme.
13.5.9 There are half a dozen other judicial training centres in America, each with specialisation in selected branches of law and judicial administration. Most of the training of federal judges is conducted by the Federal Judicial Centre in Washington D.C. which operates under the direction of the Judicial Conference of the United States. It is established by statute by the Congress and is funded by it. It is managed by an eight member board of which the Chief Justice of U.S.A. is the ex-officio chairman. Its mandate is to improve judicial administration in U.S. courts which it does through training of judges and various staff members. It has a large collection of training literature including video programmes.
13.5.10 After the success of the National Judicial College, several of the larger States became interested in having their own judicial education programmes. The California Centre for Judicial Education and Research (CJER) is one such centre for the California judges. It prepares judge's Bench Books and other educational materials. It arranges training courses to enhance judicial performance and conducts research on the subject.
13.5.11 The State judicial education officers, joined by some representatives of the national organizations, founded in 1975 the National Association of State Judicial Education (NASJE) which acts as a clearing house for the State programmes, programme materials, faculty suggestions and curriculum development. In their annual conferences they discuss innovative programmes conducted in State centres and thus help promote the cause of judicial education.
13.5.12 The Institute for Court Management in Denver, Colorado is the training arm of the National Centre for State Courts for training court administrators. The American Academy of Judicial Education, originally founded by the American Judges Association and now an independent non-profit corporation located in Alabama provides education conferences and seminars for judges in different locations around the country. It has been particularly active in providing training for judges before they begin their judicial career. Since 1980, the University of Virginia Law School at Charlottesville, in association with the Appellate Judges Conferences offers an LL.M. degree programme restricted to 30 judges.
Judicial Education in Countries of the Commonwealth :
13.5.13 In a survey on Judicial Education in the Commonwealth presented at the Commonwealth Magistrates' and Judges' Association Conference in 1994, The Hon. Judge Sandra E. Oxner, the then President of CMJA divided the judicial education programmes existing in Commonwealth countries into three categories. The first category consisting of Canada, Malaysia, Nigeria, India, Pakistan, Bangladesh and Sri Lanka do have formally established judicial education institutes though some of them are not still fully operational. The second category includes countries which have a committee or board that administers continuing education programmes for judges on an ad hoc basis. Australia, England and Wales and New Zealand are in this category because of their structure though they do have sophistication in their programmes and services. Several countries in Africa, Hong Kong and Singapore belong to this category. The third group do not have even such ad hoc programmes of judicial education. It is interesting to note that by and large whatever exists by way of judicial education in the Commonwealth are programmes organized by judges, managed by judges and offered to judges.
(The information summarised below is drawn from the paper presented by Judge Oxner at the Commonwealth Magistrates' and Judges' Association Conference at Victoria Falls, Zimbabwe in August 1994).
13.5.14 Canada had judicial education in vogue by the nineteen seventies. This included residential orientation programmes for newly appointed judges and refresher courses for judges in service. All programmes had focus on sentencing and developments in law. The Canadian Association of Provincial Court Judges (CAPCJ) organizes ten day residential programmes for newly appointed judges and residential regional provincial court programmes. Today these courses specialise in sensitivity training, judicial ethics, judgment writing etc.
Despite the above initiatives, in 1985 the Stevenson Committee Report found that 40 per cent of Canadian judges never took a course during their judicial career. The recommended solution was the establishment of the National Judicial Institute which got set up in 1986. It is a research and educational organization for all Canadian judges. Its mandate is "to foster a high standard of judicial performance by programmes that stimulate professional and personal growth, and to engender a high level of social awareness, ethical sensitivity and pride in excellence".
13.5.15 A very significant contribution of the National Judicial Institute of Canada for the programme of judicial education every where is the publication after two years of research and consultation a series of minimum standards in organizing judicial education. The study emphasised that judicial education is essential to enhance the fair and efficient administration of justice and that an organizational and individual commitment to judicial education must be made. According to these Standards -
(a) the Goals for judicial education are (1) to bring about an awareness by judges that education immediately after appointment and, on a regular basis throughout their judicial careers is necessary for maintaining and enhancing essential competence, personal growth and social awareness; (2) to provide the public with information on judicial education in order to get recognition of the need to make time and resources available for this purpose; and (3) to create standards for judicial education, both at national and local levels.
(b) the Objectives to be achieved include (1) providing judges with knowledge, skills, techniques and awareness required to perform judicial responsibilities fairly, correctly and efficiently; (2) to improve through education the administration of justice, including fair and efficient management of trials and the reduction of court delay; and (3) to promote each judge's commitment to the highest standards of personal growth, official conduct and social awareness.
(c) the Structure of judicial education to include ten days of intensive education at the time of appointment and ten days of continuing education every calendar year thereafter. These programmes should include a balance among the areas of substantive law, skills training and current social issues. Topics to be studied include evidence, procedure, sentencing, family violence, judicial ethics, media relations, cross cultural issues, judgment writing, case flow management, gender bias, tribal issues, computer courses for judges and designing strategies for implementing change in the courts.
(d) the Faculty should consist primarily of judges with expertise in the subject matter and who are capable of preparing and presenting educational materials effectively. Law Professors, lawyers and people with special expertise are also to be utilised where their expertise are needed.
The NJI is governed by a Board of judges representing all courts chaired by the Chief Justice of Canada and includes two lay members.
13.5.16 Australia has a Judicial Commission in New South Wales established in 1986 which provides education and technical assistance to the judiciary in New South Wales which, incidentally has more judges than the rest of Australia put together. The three major functions of the Commission are to assist the Courts to achieve uniformity in sentencing, to organize and supervise a scheme of continuing judicial education and to examine complaints against judicial officers. In addition to presenting seminars and conferences ranging from induction courses for new appointees to specialists conferences on specific aspects of law, procedure and judicial skills, the Commission publishes monthly The Judicial Officers Bulletin with information of interest to judges. It maintains a fairly up to date sentencing data base. Nearly all New South Wales magistrates undergo a three week induction programme, a voluntary judicial education programme in the Magistrates' Courts and are expected to devote five days a year to judicial education. The curriculum includes study of judicial attitudes in decision making on key issues and broader understanding of social problems, computer training and advanced court management.
13.5.17 The Australian Institute of Judicial Administration is another educational and research institute affiliated to the University of Melbourne. Its object is to conduct programmes of continuing education for judges, magistrates, officers of courts, lawyers and law professors. The AIJA provides conferences, seminars and workshops in which judicial officers, among others can participate. The subjects covered include use of technology in courts, computer use and sentencing. There is no course offered on substantive law. In 1997 in association with the Judicial Commission of New South Wales, the AIJA offered a week-long residential judicial orientation programme for new judges. The first day consisted of two sessions of lectures by senior sitting judges on (a) the Role of the Judge and (b) Becoming a Judge. The second day had a series of small group workshops on (a) trial management and (b) ADR. The third day included lecture-cum-discussion on topics such as (a) Financial Statements Partially Demystified, (b) Using Computers as a Research and a Management Tool, (c) Assessing the Credit of Witnesses, and (d) Issues Relating to Migrants, Interpreters and Multiculturalism. The fourth day was entirely devoted to Courtroom Issues such as contempt in the face of the court, disqualification for bias, ethical issues arising in a courtroom setting and unrepresented litigants. The fifth day of the programme had four sessions one each on (a) Sentencing, Civil Damages and Gender Awareness, (b) sentencing practice sessions and damages determination sessions, (c) judgment writing, and (d) problems in evidence. The final day was devoted to a session on courtroom communication and judicial intervention and court-media relations.
13.5.18 In most European countries, judicial appointments are based on a career judiciary after completing basic legal education. The arrangements for judicial training therefore focus on the additional courses for prospective judges, and judicial appointment is conditional upon successful completion of the programme. Thus, in France, judges who are recruited directly after university education undergo a two-year course under the direction of the Ecole Nationale de la Magistrature. The first part of the course consists of full-time formal training and the second part of service as a clerk to the local judges in a lower court. There are also opportunities in a further four months' training to study and work in a variety of institutions concerned with law and administration, in public and private companies and to undertake research. Italy and Belgium follow similar judicial education programmes.
13.5.19 The German system provides a unified training for the bar and judiciary. Judges are chosen from those who must distinguish themselves on the programme. Training lasts five and half years and includes study in courts and tribunals and with firms of lawyers. In Scandinavian countries prospective judges have a "judicial apprenticeship" under a judge as a clerk or assistant.
Lessons Judicial Education Programmes Convey :
13.5.20 There are few issues which emerge from consideration of judicial education programmes functioning in different countries which are relevant for structuring the training in India. There is absolutely no doubt that judicial education and training are indispensable for better judicial administration. There is also no doubt that there must be organizational and individual commitment from the side of judges to the need for such education in order to justify the utilisation of time and resources. Furthermore, it is desirable and necessary to keep the control of such training with the judiciary lest there should arise possibilities of jeopardizing judicial independence through executive influence. At the same time judicial education and training are too complex for judges alone to organize and administer. Judges may not have sufficient knowledge of their own weaknesses and of education techniques to deliver effective programmes. As Judge Oxner said : "while judicial control over curriculum cannot be decried, a mechanism that funnels to the judges the public and professional perceptions of weaknesses in the judiciary is important to ensure these issues are before the curriculum committee -. Another technique to counteract judicial insularity is to add to the judicial institute structure advisory groups on topics of special interest - family violence, tribal rights, gender bias, human rights issues etc."
13.5.21 Many of the problems revealed in the role of a judge are responded to by the curriculum of many of the programmes offered in judicial education. Starting with sentencing and updating of laws, judicial education curriculum moved into computer programme for judges, human rights issues, judicial ethics, judgment writing, conduct on and off Bench, media relations, case flow management, contemporary social problems and technological advances (particularly in medicine and health). A curriculum committee must be prepared to continuously justify the choice of topics in successive programmes.
13.5.22 Besides educational programmes, judicial education centres need to develop self-study materials as well as audio and video tapes to supplement judicial libraries. Information packages of printed orientation material, bench books and standardized judicial materials are useful and inexpensive tools in judicial education.
There is need for constant evaluation of the programmes in terms of objects, content, materials, method and impact.
Continuing Judicial Education :
13.5.23 For organizing continuing judicial education, the principles and standards promulgated by the National Association of State Judicial Educators, U.S.A. are of great value. They suggest instruction in five major areas :
(a) Legal Ability : updates on law, court rules and court procedures; in depth analysis of complex legal issues; examination of judicial decision-making practices and philosophies; and effective opinion writing through identification, analysis and clarity in expressing legal issues, reasoning and conclusions.
(b) Comportment and Demeanour : judicial code of conduct; fostering fairness through the recognition and elimination of bias or prejudice; cultural awareness; decisiveness; and judicial temperament.
(c) Judicial Management Skills : case management; effective trial and jury management; settlement skills; personnel management; skills to cope with the growth of litigation and the increasing complexity of legal issues and proceedings; and, when appropriate, court system planning administration.
(d) Contemporary and Inter disciplinary Issues : updates on scientific and behavioural sciences relevant to any judicial practice; knowledge of contemporary social issues; and the law and humanitics.
(e) Personal Development : revitalisation and re-dedication to public service; awareness of the need to maintain high levels of personal well being; and stress management.
13.5.24 There are however a number of new initiatives setting different trends in judicial education. One such trend is to organize judicial education on important subject matter thrown up by major changes in legislations, land mark judicial decisions or social upheavals. Family violence, drug problem, child abuse etc. provide such subject-matter trends influencing judicial education programmes.
The increased awareness of human rights and social demand for fair deal from courts irrespective of gender, race etc. create need for another organizing principle for judicial education. The programmes thus evolved are designed to promote a change in judge behaviour in interaction with parties, victims, witnesses and attorneys.
13.5.25 Finally, an issue of considerable significance conveyed by experiments in judicial education is the need to train judicial education faculty. The principle that judges teach judges is unexceptionable; but judges have to be trained to do the teaching. For this Faculty Development programmes are to be introduced incorporating better understanding of adult education principles and appropriate instructional methods. Topics for such programmes would include : characteristics of the adult learner, assessing learner needs, developing learning objectives, structuring a course, participatory learning techniques, and evaluating learning. Typically, such a programme allows the participants an opportunity to practice applying the principles they have learned. They might make a short presentation which would be videotaped and then critique by their peers and evaluated by an expert in adult education.
There is a wealth of knowledge and experience in developing judicial education programmes already available in many countries, particularly the United States of America. Co-operation and exchange among the institutions involved in different countries can do a great deal to advance the cause and the process of educating the judges of the future.
13.6 JUDICIAL TRAINING SCHEMES IN INDIA
13.6.1 It is often said that an institution is only as good as the people who operate it. The level of motivation and leadership, the degree of competence and professionalism and the clarity of purpose and methods which the judges display make the judicial system perform to its optimum efficiency. Judicial officers, undeniably are the key figures in determining the quantity and quality of output which the public gets as justice out of litigation in courts. Any investment in updating their knowledge and skills will be doubly repaid in the delivery of justice and in the efficiency of judicial administration.
13.6.2 Despite realising its importance and the repeated recommendations from several committees and commissions, pre-service institutional training for new entrants to judicial service had not received the attention it deserved from the High Courts and the Government till recently. A few years' practice at the Bar or few days' attachment with a senior judge perhaps was deemed adequate to preside over courts to which one is appointed! The All India Conference of Chief Justices in 1983 adopted a resolution asking the Government to set up regional training institutes in the four regions of the country for training of members of the subordinate judiciary. It was suggested that eminent professors, lawyers, judges and jurists could be invited to deliver lectures on various topics of relevance on law and other related subjects. Perhaps it was for the first time that the Chief Justices recognized the need for a broader training for subordinate judges and welcomed the introduction of people from outside the judicial fraternity for imparting training.
13.6.3 The status of training obtaining in the country is summarised by the Law Commission in its 117th Report on Training of Judicial Officers (1986). To quote ".. institutional training at present is being imparted only at the North-Eastern Judicial Officers Training Institute at Guwahati and Andhra Pradesh State Judicial Academy at Secunderabad. Broadly stated, the judicial officers taking training in these institutes have the benefit of a short-term pre-service training in the conduct of proceedings in the court and allied matters as also the management of office. No refresher course is being held at these Institutes with the result that the training begins and ends at the pre-service level and it is of a short duration ... At the U.P. Administrative Training Institute, Nainital, pre-service training of six to eight weeks is imparted to judicial officers. There are rules framed by the State of Orissa for an elaborate training programme. In the rest of the country, fresh recruits to judicial service are given a semblance of training by being directed to work with senior civil judges and/or district or sessions judges for an average duration of three to six months before actual posting is given" (117th Report, 1986 at p.6).
13.6.4 According to the Law Commission, training through attachment with courts of senior judges has an inbuilt disadvantage in so far as it sustains all past practices without challenge in disregard of the needs of contemporary times. Recognising the grossly inadequate facilities for training and acknowledging the continuing need for training of judicial officers, the 1985 Conference of Chief Justices, Chief Ministers and Law Ministers unanimously resolved to ask the Central Government to set up an academy with the Chief Justice of India as Chairman. A Governing body with Chief Justice of India as Chairman would determine the structure, faculty, courses and other aspects to provide pre and in-service training for judicial officers as also to identify places where branches of the academy could be set up.
13.6.5 Pursuant to this resolution, the then Chief Justice of India prepared and sent a blue print for the establishment of an academy which was eventually established as a Society registered under the Societies Registration Act, 1860. Though the National Judicial Academy was formally set up in 1994, it has not started training courses as yet. A massive campus is reportedly under construction in Bhopal where the academy is located. A retired Supreme Court Judge was appointed as Director General and a few officials deputed from the staff of the Supreme Court are overseeing the construction activities financed by the Central Government. The Society has a membership of twelve persons including five judges, two law academics and four Secretaries to Government of India. The Registrar General of the Supreme Court is the ex-officio Secretary of the Academy and the Chief Justice of India ex-officio Chairman. The Society meets once every year mainly to approve budget and authorise expenditure. Membership other than ex-officio members is by nomination by the Chairman. The Society has a Governing Council with Chief Justice as Chairman and Law Secretary, Expenditure Secretary, Registrar General and Director General as members.
Since the National Judicial Academy at Bhopal is still an institution-in-making and has not yet come out with its scheme of training there is little to reflect on its activities at present. Hopefully a first-rate national judicial training centre would emerge at Bhopal at least by the turn of the century.
13.6.6 An institution which came up in the recent past (1987) and got a reputation for organizing systematically training courses for subordinate judiciary is the Institute of Judicial Training & Research, U.P. located in Lucknow. The institute has its own campus with infra-structural facilities, a core faculty drawn from higher judicial service and a moderate library. It is under the administrative control of the Department of Law, Government of Uttar Pradesh. We will presently consider the curriculum prescribed by the Institute for the trainees.
13.6.7 The North Eastern Judicial Officers' Training Institute, Guwahati
The Institute is perhaps one of the earliest institutions of its kind set up in early 1981 at Guwahati as a society registered under the Societies Registration Act with Chief Justice of Gauhati High Court as its Ex-officio Chairman. All the Law Ministers of the seven N.E. States are its members. The object of the Society is to provide training to Judicial Officers and also to train the ministerial officers in the subordinate courts. All the States, namely States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Arunachal Pradesh and Mizoram contribute annually to run the Institute. The Director of the Institute draws a fixed monthly honorarium. He is the seniormost Member of the State Judicial Service. Originally the post was held by a retired Judge of the High Court. There are two Professors who are former District & Sessions Judges on a monthly remuneration of Rs.3500/-. The Secretary of the Institute is a retired Deputy Registrar of the Gauhati High Court with the remuneration of Rs.2500/-. They are supplemented by the ministerial staff.
Two types of training courses are offered. The foundation course for three months for Munsiffs and Judicial Magistrates. The refresher course of one month for officers of the rank of Additional and Assistant District and Sessions Judges and to Officers to be promoted to such cadre.
Subjects for Foundation Courses :
1) Utility of procedural laws in administration of justice.
2) Prevention of misuse of procedural laws.
3) Broad principles of law of Evidence on problem which may arise during a trial.
4) Role of the Court / Judicial Officer in
(a) framing issues / charges
(b) recording of evidence
(c) examination of accused u/s 313 Cr.P.C.
(d) hearing arguments.
Subjects for Refresher Courses :
1) Principles governing award of compensation in Land Acquisition cases.
2) Compensation to be awarded in Motor Accident Claims cases - Insurers liability.
3) Appellate court powers -
a) civil appeals
b) criminal appeals
4) Updating knowledge of case law.
5) Art of writing judgment in an appeal.
Institute also imparts training on Court Management to Judicial Officers like adjournment of judicial work, Management of Interlocutory proceedings, Management of Pre-trial stage, and cases to be referred to Lok Adalath. These are on the judicial side. The Judicial Officers are given training on the Court administration like periodical inspection of prescribed registers and records, management of the copying section and process section, maintenance of discipline over staff, accounts and financial matters etc. Training is also imparted on certain laws which are coming to day-to-day application in the judicial process.
13.6.8 The Andhra Pradesh Judicial Academy, Secunderabad
The Academy is one of the recent additions in the list of judicial training institutions in the country. Started in 1991, with Chief Justice of the Andhra Pradesh High Court as the Chief Patron and all the other Judges of the High Court are Patrons. A Judge of the High Court nominated by the Chief Justice would become the President and such other Judges of the High Court nominated by the Chief Justice would be the Members of the Board of Governors of the Academy. The Academy is headed by a Director - a District & Sessions Judge Grade-I who is assisted by an Additional Director and Senior Faculty Member of District & Sessions Judge Grade-II. The Deputy Director is of the cadre of Civil Judge (Sr.Div.) and Assistant Director is of the cadre of Civil Judge (Jr.Div.).
The Academy provides foundation course of two months for direct recruits of District Judges on subjects like administrative and financial aspects, disciplinary proceedings, forensic science and medicine, all branches of law, court management and supervision of subordinate courts. There is also a course on advance study of Forensic Science and Forensic Medicine for District Judges, Sub Judges and Munsiff Magistrates. The curriculum covers all relevant branches of Forensic Science and Forensic Medicine with practical demonstrations and exercises at scientific and medical institutions. This will be for two weeks duration.
The Academy also conducts orientation course for Subordinate/Assistant Sessions Judges soon after their promotion from the cadre of Civil Judge (Jr.Div.) on the subjects like Land Acquisition, Arbitration, Insolvancy, Marriages, Elections, Civil Appeals, Sessions Cases, Offences tried by Assistant Sessions Judges, Forensic Medicine, Suits and Interlocutory proceedings, administrative rules and procedures etc. This course will be for two weeks.
The Academy further provides refresher course for Civil Judge (Jr.Div.) in Substantive, Procedural and Evidentiary laws of Civil and Criminal branches and Court Administration. This will be for three weeks.
The Academy conducts specialised workshops on Court Management for the ministerial staff of the Courts in Rules, Circular order and instructions of the High Court and Government on judicial and administrative matters. Checking of civil proceedings, Maintenance of civil registers, checking of criminal proceedings, Maintenance of Criminal registers etc. This course will be for one week. Besides, training is also imparted on financial and accounts management for one week.
The Academy started giving training on conduct and discipline for officers of the High Court for about one week.
The eminent personalities and former Judges of the Supreme Court and High Courts are regularly invited for giving lectures to Judicial Officers and other legal personnel. Seminars, Symposiums and Workshops on various Court related subjects are also periodically conducted.
The Academy has to its credit certain publications containing articles and speeches of eminent judges.
13.6.9 Madhya Pradesh Judicial Officers' Training Institute
This Institute commenced functioning from 1994. It is yet to prepare specific syllabus for training. But, generally it conducts some programmes for Judicial Officers on particular subjects and topics. It has a Director, Additional Director, Administrative Officer and other ministerial staff. The Chief Justice of the Madhya Pradesh High Court would appoint any serving District Judge as the Director and any Member of the Civil Judge (Sr. Div.) as Additional Director and Administrative Officer. The Institute has a separate building and hostel. The Institute conducts foundation course for Civil Judges (Jr. Div.) for nearly one month in the training Institute and further one month's training in the District Headquarters under the guidance of the District Judge. The trainee judge may be either first called to the Training Institute or may be first posted in the District Headquarters and then called for the Institute for the institutional training. The training in the District Headquarters covers Court procedure, financial matters sitting along with the Senior Judges and visiting to local Police Station to acquaint oneself regarding how FIR is recorded, crimes are registered, case diaries and general diaries are written etc.
13.6.10 Gujarat State Judicial Academy
This is one more addition to the list of training for Judicial Officers. The Chief Justice will be the Chief Patron of the Academy and all the Judges of the High Court could be Patrons of this Academy.
The Chief Justice would nominate a Judge of the High Court of Gujarat as President and such Judges as Members of the Board to administer the functioning of the Academy.
In further administration, the Academy would be headed by a Director appointed by the President of the Academy in consultation with the Chief Justice. He would be either a retired High Court Judge or a District Judge. Further, the Director is to be assisted by one Assistant Director. The Director is in the pay scale of Rs.8000/- while the Assistant Director is in the grade of Rs.3000-5000. They are assisted by a small supporting staff of six members.
The Academy conducts Foundation course to the newly recruited Civil Judges (Jr. Div.) and Judicial Magistrates First Class and organises Legal Workshops and Seminars throughout the State on various subjects on Law. The total duration of the said training to Civil Judges is of four months, out of which two months practical trainnig at the District Headquarters, i.e. place of posting and the remaining two months in the Academy. The Academy has no infrastructure. It runs the course at Sardar Patel Institute of Public Administration, Ahmedabad (SPIPA). The training at SPIPA, there are two parts, one is of listening to lectures and another is to visit Forensic Science Laboratory, Sabarmati Central Jail, Bureau of Handwriting and Finger Print and the High Court.
There are three parts in the Academy training:
FIRST PART
Basic Principles in the Administration of Justice
i) The function and duties of a Judge.
ii) Judicial approach.
iii) Standards of proper judicial conduct, maintenance of decency and decorum in court and behaviour with the members of the Bar and litigating public.
iv) Standards of judicial ethics.
v) Art of writing judgements. (Theory)
SECOND PART
Administration and Office Management
i) Control and Supervision
ii) Supervision and accuracy of returns.
iii) Knowledge regarding Government and High Court Circulars.
iv) Accounts and Financial matters.
v) Correspondence with superior courts.
vi) Civil Manual (Relevant Chapters).
vii) Criminal Manual (Relevant Chapters).
THIRD PART
Practice and Procedure in Court
A. Code of Civil Procedure
i) Jurisdiction of the court (pecuniary and territorial, Section 6 to 8 & 15 to 21-A C.P.C.)
ii) Stay of suit and res judicata (Sec.10 and 11 of C.P. Code)
iii) Party to suits and pleadings. (Plaint, Written Statement, set-off and Counter Claims). (Order I, II, VI, VII and VIII)
iv) Issue of summons, appearance of parties and consequence of non-appearance. (Section 27 to 32 & Order V & IX of CPC)
v) Admission, Examination of parties by the Court, Discovery and Inspection, (Order X, XI and XII of C.P. Code)
vi) Framing of issues (Order XIV of CPC)
vii) Adjournments (Order 17 XVII of CPC)
viii) Hearing of the Suits and Examination of the witnesses. (Order XVIII of CPC)
ix) Judgment and Decree, Interest & Costs. (Sections 33 to 35-B & Order XX, XX-A of C.P. Code)
x) Execution of Decree and Orders. (Sections 36 to 74 and Order XXI of C.P. Code)
xi) Effect of Death, Marriage and Insolvency of Parties on suits and proceedings. (Order XXII of CPC)
xii) Compromise and Withdrawal of the Suits. (Order XXIII of C.P. Code)
xiii) Suits by or against Government or Public Officers in their official capacity. (Sections 79 to 82 and Order XXVII of C.P. Code)
xiv) Suits by or against the Corporation or firms. (Order XXIX and Order XXX of C.P. Code)
xv) Suits by or against minor and persons of unsound mind. (Order XXXII of C.P. Code)
xvi) Suits by indigent person. (Order XXXIII of C.P. Code)
xvii) Suits relating to mortgage of immovable property. (Order XXXIV of C.P. Code)
xviii) Summary procedure in respect of certain suits. (Order XXXVII of C.P. Code)
xix) Attachment before the judgment and appointment of receiver (Order XXXVIII and XL of C.P. Code)
xx) Temporary injunctions and interlocutory orders. (Order XXXIX of C.P. Code)
xxi) Caveat and its rules. (Section 148-A of C.P. Code)
xxii) Inherent Powers of the Courts, amendment in judgment, decree of orders and general power to amend. (Section 151 to 153-A of C.P. Code)
xxiii) Appeals, Reference, Review and Revision.
xxiv) Relevant chapter of Civil Manual.
B. criminal Procedure Code
i) Constitution of Criminal Courts and offices. (Sections 6 to 25 Cr.P. Code)
ii) Information to the Police and their powers of investigation. (Sections 154 to 176 Cr.P.Code)
iii) Arrest, remand and detention of persons and bail. (Sections 41 to 60, 167 and 436 to 450 of Cr.P.C.)
iv) Search warrants. (Section 93 to 98 of Cr.P.C.)
v) Jurisdiction of the Criminal Court in the inquiry and trial. (Section 177 to 189 of Cr.P.C.)
vi) Condition requisite for initiation of proceedings. (Sections 190 to 199 of Cr.P. Code)
vii) Complaints to Magistrate and commencement of proceedings before Magistrate. (Sections 200 to 210 of Cr.P.Code)
viii) Form of charges and joinder of charges. (Sections 211 to 224 of Cr.P.Code)
ix) Trial of warrant and summons cases by Magistrate. (Sections 238 to 259 of Cr.P.Code)
x) Summary trials. (Sections 260 to 265 of Cr.P.C)
xi) Maintenance of wives, children and parents. (Sections 125 to 128 of Cr.P.Code)
xii) The Judgment. (Sections 353 to 365 of Cr.P.Code)
xiii) Execution, suspension, remition and commutation of sentence. (Sections 413 to 435 of Cr.P.Code)
xiv) Disposal of property. (Sections 451 to 459 of Criminal Procedure Code)
xv) Limitation for taking cognizance of certain offences. (Sections 467 to 473 of Cr.P.Code)
xvi) General provision as to inquiries and trials. (Sections 300 to 327 of Cr.P.Code)
C. Indian Evidence Act
i) The Law relating to relevancy of facts. (Sections 5 to 55 of Evidence Act)
ii) Facts which need not be proved. (Sections 56 to 58)
iii) Proof of documents and documentary evidence. (Sections 61 to 90)
iv) Exclusion of oral evidence by documentary evidence. (Sections 91 to 100)
v) Burden of Proof. (Sections 101 to 114)
vi) Estoppel. (Sections 115, 116 and 117)
vii) Examination of witnesses. (Sections 118 to 165)
D. Indian Penal Code
i) General Explanation.
ii) Various kinds of punishment including imposition of fine.
iii) Common intention, Common object, abatement and Criminal conspiracy.
iv) Offences relating to Army, Navy and Air Force.
v) Offences against the State.
vi) Offences against the public tranquility and public order.
vii) Offences relating to giving false evidence against public justice.
viii) Offences relating to coin and Government stamps.
ix) Offences relating to Weight & Measures, Public health safety, Conveyance, Decency and Morals.
x) Offences affecting the human body and right of private defence.
xi) Offences against the property and right of private defence.
xii) Offences relating to documents and to private marks.
xiii) Offences relating to marriage.
xiv) Defamation.
xv) Offences relating to Criminal intimation, insult and annoyance.
xvi) General Exception.
xvii) Attempt to commit offences.
E. Miscellaneous
i) Limitation Act, 1963
ii) Suit valuation Act, 1887
iii) Stamp Act, 1899
iv) Selected social legislation like Factory Act, Standard of Weight & Measures Act, 1976, Water (Prevention and Control of Pollution) Act, 1974. Water (Prevention and Control of Pollution) Cess Act, 1977.
v) Human Anatomy - Muscle, Bones, and Injuries.
vi) Writing of judgment (practical).
Over and above, the Academy is holding the Legal Workshops and Seminars for the subordinate Judicial Officers at District Headquarters, normally once in two months. In the said Legal Workshop, participants have to prepare the paper on the Legal subjects given by the Academy and on the day of Legal Workshop they have to discuss the problem. Recently, the Academy has changed the procedure, now the academy is preparing the questionnaire on Legal subjects and every participant has to find out the probable solution to the said questions and at the time of Legal Workshop those questions are to be discussed. The aim of the Academy is that every Judge should be conversant with the latest Law on the point.
13.6.11 Judicial Officers Training Institute, Maharashtra, Nagpur :
This Institute has been set up in Nagpur with modest facilities for training Civil Judges, Judicial Magistrates and Additional District Judges for Foundation course and also for Refresher course. The Faculty consists of one Director and two posts of Joint Directors. The Director is in the scale of pay of Rs.18400-22400 with Special pay of Rs.800/-. The pay scale of the Joint Director is that of the cadre of the District Judge i.e. Rs.14300-18300, with the Special pay of Rs.800/-. There are as many as 32 supporting ministerial staff. The Institute has an attached hostel, library and indoor games facility and also for training in Yoga.
The following topics are selected to be included in the Course contents for the in-coming batch having regard to the common importance and relevancy for the said topics even while discharging judicial duties of the Court of Civil Judges (Sr. Dn.) and the Chief Judicial Magistrate.
Sl. No.
Subject
Days Allotted
No. of Lectures
1.
Norms of Behaviour for Judicial Officer
in relation to his Superiors, Subordinates, Bar members, Litigants, Members of the Public, Colleagues and other Officers.
4 days
12 Lectures
2.
Administrative work in Civil and Criminal Courts with reference to the instructions contained in Civil and Criminal Manual.
1 Week
15 Lectures
3.
Civil Proceedings with reference to provisions regarding Injunctions, Appointment of Receiver, Framing of Issues, Attachment before Judgement and the Appointment of Commissioner.
1 Week
15 Lectures
4.
Evidence Act; Relevancy of Facts, Admissibility, oral and Hearsay Evidence, Admissions and Confessions, Expert's opinion Taking Judicial Notice of a Fact, Documentary Evidence, Presumptions; Generally and about the Documents, Oral Evidence, Burden of Proof.
1 Week
15 Lectures
5.
Writing of Judgment : Civil and Criminal : Contents, Arts, Style, Purpose, Brevity etc.
1 Week
Lectures and Group discu-ssions totally 15 in numbers
6.
Darkhast Proceedings : Technicalities of Procedures, Speed and Importance, and Practical Aspects.
4 days
12 Lectures and Group discu-ssions
7.
A. Civil Laws : Special features of the Constitution of India with reference to Fundamental Rights and the Judiciary,
Law of Succession (Succession Cerficates, Wills and Probates), Partnership Act (Ss.17 and 49), Court Fees Act and Suits Valuation Acts, Limitation Act, Stamp Act, Interpretation of Statutes and Precedents.
B. Criminal Laws : Food Adultertion and Essential Commodities Act.
1 Week
15 Lectures
8.
Criminal Proceedings with reference to Sessions Trials, Grant of Bail, Important Aspects of Liberty of Citizens, Framing of Charges, Recording of Plea and Examination of Accused, Recording of Evidence in Criminal Cases, Police Statements, Proof of Contradiction and Extent of their use, Disposal of Property and Sentence.
15 Sittings of Group discussions
9.
"Child Psychology" and "Child Welfare."
9 Lectures by Guest Speakers
10.
Speedy Disposals : Factors and Methods, Recommendations of Arrears Committee Report 1989-90, Conciliation Courts as alternative modes and forums for resolving disputes.
10 Sittings during Group Discussions
11.
Visit to the High Court
3 Days
(Time - 9 Lectures and 3 Group Discussions)
TRAINING PROGRAMME FOR THE
ADDITIONAL DISTRICT JUDGES
1) Norms of behaviour by Judicial Officers inside and outside the Court.
i) Behaviour with litigants and public while hearing the cases,
ii) Behaviour with the members of the Bar,
iii) Behaviour with subordinate staff,
iv) Behaviour with colleagues including District Judge,
v) Behaviour with Officers of other Departments such as Collector,
Superintendent of Police, Executive Engineer etc.
Training on this subject would include citing of instances and embarrassing situation if any, while dealing with the allotment of the quarters for the Judicial Officer, getting the plans and estimates sanctioned for construction of Court building and residential quarters etc.
2) Civil Proceedings :
Discussion by syndicate method on the following topics with leading cases thereon : -
i) Admission, first orders in Regular as well as in Miscellaneous Civil Appeals.
ii) Order 41 and particularly the provisions regarding additional evidence and additional documents, if any, at the appellate stage.
iii) Limitation Act, Guardian & Wards Act, Land Acquisition Act, Bombay Public Trust Act.
iv) Law relating to Trust-reading material : Tagore Law Lectures Latest Edn.
v) Sections 52 & 53 of the Transfer of Property Act, distinction between lease and licence connected aspects pertaining through reading materials; important decisions of the Supreme Court and Bombay High Court.
vi) Hindu Marriage Act, with reference to the provisions of divorce, maintenance, Hindu Succession Act, with particular reference to Sections 7, 8, 14 etc.
vii) Intra country adoptions, appointment of guardians, Specific Relief Act with Reference to the provisions regarding injunction u/order 39 C.P.C. Sections 34, 105, 120-A, 149, 300, 302, 304, 498-A, 307-A and Section 100 I.P.C. and general exceptions under the Penal Code, Section 313 Cr.P.C.
viii) Concept of 'Admission', 'Confessions' and related provisions under Sections 17 to 31, Section 32 of the Evidence Act, Circumstantial evidence, relevancy of facts under the Evidence Act and Sections 145, 146 Evidence Act.
3) Criminal Proceedings :
i) Admissions and first orders including Bail and Anticipatory Bail.
ii) Sessions Trial, Procedural aspects, charge etc.
iii) Important provisions of Indian Penal Code viz. Murder, Rape, Dacoity, Forgery, Unlawful assembly, Conspiracy, Criminal Breach of Trust etc.
iv) Prevention of Corruption Act.
v) Essential Commodities Act.
vi) N.D.P.S. Act.
vii) Atrocities on Women (Prevention Act).
viii) Sentencing and Victimology.
ix) T.A.D.A.
4) Evidence Act :
Recording of expert evidence including Forensic Science and Ballistic Sciences.
5) Administration :
i) Recruitment of the Staff, Departmental Examinations, Disciplinary enquiries, vis-a-vis Discipline and Conduct Rules.
ii) Budget of the District and Subordinate Courts.
iii) AC/DC Bills.
iv) Permanent Advance, Contingent expenditure, Office expenses etc.
v) Dead stock including purchase procedure, Finance rules, Treasury rules and Powers of the District Judge.
vi) Inspection and compliance of inspection notes, control over record room, judicial conference/District Judges' Conference, various returns including Annual Returns.
And; Some other subjects covering Constitution and Child Psychology.
13.6.12 The High Court of Kerala has set up in 1986 a Training Directorate with a committee of judges of the High Court to supervise its operations. Two Senior District Judges are working in the Directorate offering pre-service training to Munsiffs-Magistrates for over 6 months of which five weeks are devoted to practical training in courts, police stations and select administrative departments of government. The Directorate also conducts refresher courses for judicial officers for periods ranging from two days to one week at the High Court of Kerala. One day District level workshops for judicial officers of the area are also undertaken by the Kerala institute.
Reproduced below is the syllabus of training offered by the Directorate of Training, High Court of Kerala to the newly appointed Munsiffs-Magistrates over a period of ten weeks before they proceed for field assignments :
Statutory Training for Newly Appointed
Munsiffs-Magistrates
SYLLABUS
I. CIVIL
1. Independence of Judiciary; its relevance; responsibilities of the courts; status and duties of Judges.
2. Suits for injunctive and declaratory reliefs.
3. Stay of suits - when and why? General Principles.
4. Valuation for purpose of Court Fee and jurisdiction-Determination of market value.
5. Estoppel - Current Judicial Trends.
6. Recording and admissibility of evidence-duties of Court.
7. Principles of succession applicable to Christians.
8. Suits for partition-Matrimonial action.
9. Proof of Wills and other compulsorily attestable documents.
10. Res Judicata - Constructive res judicata - O.II R.2 - O.XXIII, R.1 C.P.C.
11. Suits by and against Government - By and against Corporations and firms.
12. Presumptions and burden of proof - in general and in particular cases.
13. Institution of suits - place of suing: sections 16 to 20 C.P.C.
14. Secondary Evidence - Exclusion of oral evidence.
15. Restitution - Extent of jurisdiction of the court.
16. Suits in ejectment; adverse possession; distinction between Articles 64 and 65 of the Limitation Act.
17. Resistance to execution - Obstruction; claim petitions.
18. Suits on Negotiable instruments.
19. Awarding damages - General Principles.
20. Lease and Mortgage - Lease and licence - Distinction - Pledge & Hypothecation.
21. Mortgages generally - Distinction between mortgage and Charge.
22. Important provisions of Small Causes Courts Act.
23. Section 5 of Limitation Act - Extent of Courts power - Exclusion of time - How and when - Sections 148, 149 C.P.C.
24. Sections 17 and 49 of the Registration Act - Effect of non-registration.
25. Kerala Buildings (Lease and Rent Control) Act - Eviction - General Principles.
26. Refund of Court Fee and impounding of documents.
27. Suit by and against minors - Interpleader suits.
28. Budgetting - Maintenane and verification of accounts - Contingent expenditure - P.F. Loans - Audit objections.
29. Disciplinary proceedings - Procedure enforcement of discipline.
30. Discovery, Inspection, Interrogatories - Principles and procedure.
31. Grant of temporary injunction - Principles - Stay order and injunction - Distinction.
32. Important provisions in the Stamp Act.
33. Notice - Actual and Constructive - Notice to quit.
34. Distinction between indemnity and guarantee - Revocation.
35. Decree and order - Power of the executing court.
36. Attachment before judgment - arrest before judgment.
37. Easements - Customary rights.
38. Compromise and withdrawal of suits; satisfaction of decree O.XXI R.2.
39. Attachment in execution - Court sale - setting aside sale.
40. Succession under Mithakshara Law - Marumakkathayam Law and Hindu Succession Act.
41. Alienation by guardian under Hindu Law and Mohammed Law.
42. How to write judgment in Civil Cases.
43. Benami transactions (Prohibition) Act, 1988.
44. Important provisions of K.L.R. Act.
45. Garnishee proceedings; attachment of decree and rateable distribution.
46. Contracts - Valid - Voidable and void effect.
47. Set off - Counter Claim - Effect of discontinuance of suit upon counter claim.
48. Joint tenancy and tenancy in common.
49. Costs - Compensatory costs - interests - General Principles.
50. Trial of suits - General Principles - Important provisions in the Civil Rules of practice.
51. Issue of summons-Substituted service; when and how effected-Related matters.
52. Arrest and Detention.
53. Suit by indigent person; Principles and procedure.
54. Framing of issues - Disposal of suit at the first hearing.
55. Transfer of decree; question to be determined by court executing the decree.
56. Breach of contract - Frustration.
57. Important provisions of K.S.R. and Financial Code.
58. General Clauses Act.
59. Survey - Cadastral and theodolite maps - survey and Boundaries Act.
60. Gift and Exchange - Transfer of actionable claim.
61. Frame of suit - Procedure in cases where there are numerous plaintiffs and defendants - Misjoinder and non-joinder of parties - Striking off parties and addition of parties.
62. Office management - Grant of leave and refusal - Curtailment and treatment of absence - Ministerial staff and their supervision.
63. Interpretation of statutes - General Principles.
64. Classification and preservation of records - Important High Court Circulars.
65. Suits for specific performance of contracts - powers and duties of courts.
66. Principles of succession under the Mohammedan Law.
67. Jurisdiction of courts; extent and scope - Objection to jurisdiction.
68. Appointment of receiver - Appointment of Commissioner.
69. Impleadment of L.Rs - Abatement of Suits - Condonation.
70. Part Performance - Lis Pendens - Effect.
71. Ammendment of Pleadings - Exercise of inherent power.
72. Suretyship - Surety-s liability and discharge.
73. Review - Enlargement of time - Caveat - Duties of the Court.
74. Interpretation of documents - General Principles.
75. Partnership suit - Dissolution of partnership suit on accounts and for accounts.
76. Legal disability in Limitation Act (Ss. 6 and 7).
77. Exclusion of time in legal proceedings (Ss. 12 and 14 to 17 of Limitation Act).
78. Effect of acknowledgement in writing and payment of limitation (Ss. 18 to 20 of Limitation Act).
79. Sale of Goods Act and Carriers Act.
80. Precedents.
II. CRIMINAL
1. Investigation of criminal cases - Principles - Extent of Court's power - Mahazar and seizure list.
2. Sentencing - Probation - Juvenile Delinquency.
3. Disposal of property - Confiscation principles.
4. Procedure in cases of accused suspected to be of unsound mind.
5. Section 125 Cr.P.C. - Muslim Women (Protection of rights on Divorce) Act.
6. Discharge and acquittal - General principles.
7. Trial of summons and warrant cases - Summary trials.
8. Medical evidence and expert evidence.
9. Section 27 of the Evidence Act.
10. Sections 145-155 - Section 162 and Section 165 Cr.P.C.
11. Search warrants - Search and Seizure.
12. Test identification parade - Trial of cases and counter-consolidation.
13. Taking cognizance - What it means - Power of court.
14. Compounding - Withdrawal - Section - Limitation.
15. Framing of charges - Joinder of charges - Questioning of accused.
16. Criminal Court management - High Court Circulars.
17. Appreciation of evidence - Circumstantial evidence.
18. Nature & Classification of injuries - Percentage.
19. Punishment - Maximum and minimum imprisonment for a term - termination set off; fine - Default - Recovery.
20. Evidence, relevance and admissibility.
21. Government servants conduct rules.
22. Issue and service of process - Execution - Absconding accused - Attendance of prisoners.
23. Recording of confession - Provisions in Crl. Rules of Practice.
24. Crl. Rules of Practice - Maintenance of registers - Calendar - Statements.
25. Limit of punishment for offences made up of several offences - Secs. 71,75 I.P.C. and Secs. 222-325 Cr.P.C.
26. Bail and remand.
27. Penal provisions of Customs Act.
28. Penal provisions of Kerala Police Act - Kerala Gaming Act - Prevention of Immoral Traffic Act.
29. Criminal Intimidation - insult and annoyance.
30. Penal provisions of Arms Act - Explosives Act and Explosive Substances Act.
31. Penal provisions of Forest Act.
32. Secs. 34, 120B and 149 I.P.C.
33. Important provisions of P.F.A. Act.
34. Abatement and attempt to commit offences.
35. Jurisdiction and power of criminal court.
36. Hurt and grievous hurt.
37. Theft and receiving stolen property.
38. Offences relating to administration of justice, practice and procedure.
39. Criminal misappropriation - Criminal breach of trust.
40. Prison Rules - Prisoners - identification of Prisoners Act.
41. Law relating to right of private defense; Scope and limit - other general exceptions in I.P.C. (Secs. 81-83, 85, 86 & 95).
42. Juvenile Justice Act - Borstal Schools Act.
43. Penal provisions of Abkari Act - Drugs Act - Narcotic Drugs and Psychotropic Substances Act.
44. General exceptions in I.P.C.
45. Criminal rashness and negligence connected with the provisions of M.V.Act - Res Ipsa Loquitor.
46. Offences relating to marriage and women.
47. Sections 200 to 293 Cr.P.C.
48. Who could prosecute, limitation, sanction.
49. Judgment, important aspects.
50. Preparation of judgment and decrees.
III. GENERAL
1. Environmental Law
2. Basic Principles of Human Behaviour
3. Child Behaviour.
4. Man Management.
5. Crime and mental illness, psychiatric criminology, treatment approaches in psychiatry.
6. Adolescence, its relevance and behavioural management, problem in marriage, crisis management and bringing up children.
7. Psychological testing - various aspects.
* Source : Directorate of Training, High Court of Kerala (1998).
13.6.13 There is no organized set up for judicial training in States like Bihar, Delhi, Jammu & Kashmir, Karnataka, Orissa, Punjab, Haryana, Himachal Pradesh, Tamilnadu, West Bengal and Union Territories where adhoc arrangements are made under the supervision of the High Court to offer orientation to newly recruited judicial officers. Orissa and Himachal Pradesh have evolved detailed plans to set up judicial training institutes though not much progress is made so far.
13.6.14 The scheme proposed as Foundation Course for judicial officers in certain States simply gives a long list of Statutes and rules as the syllabus of the course. One gets the impression reading the recommended syllabii for newly recruited judicial officers that what is intended is a modest attempt in the available time of training to make up the deficiencies in legal knowledge and that too in a superficial manner. This may be justified because of the poor quality of education obtaining in most law colleges of the country and the possibilities of obtaining a law degree without any serious study. One may recall in this context the difficulties encountered by various High Courts in filling up the reserved vacancies of Munsiffs-Magistrates despite there being large number of applicants with law degrees and the required period of legal practice experience! When the reserved vacancies increased in numbers, the recruiting authorities either succumbed to the pressure of filling up the posts with less qualified candidates or devised schemes to prepare them with crash programmes of legal education. With the assistance of the Karnataka Government, the National Law School of India University conducted two such mini-LL.B. courses for S.C./S.T. advocates with 4 to 7 years practice at the Bar to enable them to take the Munsiffs-Magistrates selection examination. The fact that over 50 per cent of such examinees could succeed in the final selection indicates that the deficiency they suffer from arises in the lack of opportunities to learn at the law colleges where they pursued the LL.B. Degree and at the Bar. This deficiency in legal knowledge in greater or lesser degree is shared by other law graduates as well who could not get the opportunity to learn in good teaching institutions of law.
13.6.15 The point for consideration in the present context is whether the time available for the pre-service induction training is to be spent for giving basic knowledge of various law subjects in which some recruits are indeed deficient. Such an approach will make the programme uninteresting and less rewarding to meritorious trainees who have had better education in good law colleges where they studied for their LL.B. Degree. This is a basic dilemma which training institutions face. Compounding the problem is the lack of adequate competence on the part of trainees in use of language, particularly English. The judicial training institutions, excepting perhaps one or two, are supposed to be imparting the training through the medium of English language. The materials are in English and most of the judges who address them can handle the subject only in English. A substantial section of trainees are said to be neither proficient in their mother tongue nor in English to be able to conduct legal transactions in that language which poses a serious hurdle for the training institutions. In the circumstances, it is worthwhile to examine whether the training period can be extended to one year in which the language and communication skills of the trainees can also be strengthened along with competence in law.
13.6.16 The methods of training are lectures and discussion for class room interactions and observation and participation in field assignments. There are weak attempts in role plays and simulation exercises for skills education in one or two training institutions. The infra-structural facilities and technical resources required for skills training are not available to the existing judicial training institutions.
13.6.17 Another drawback is the lack of a multi-discipline faculty. All the institutions uniformly keep Senior District Judges as faculty members. It is not clear whether they are sent to these institutions by the High Court because of their pronounced talents in teaching and training or because it was felt necessary to keep them away from the courts for different reasons involving tasks of administration of Justice. In any case very few of them stay long enough to put in their best to the cause of judicial training. The need for extra-inputs for proper judicial training is met by guest faculty who are liberally used by most institutions.
13.6.18 The course content of training offered to the members of the higher judicial service comprising of Additional District Judges by the Uttar Pradesh Institute of Judicial Training and Research is given below :
Institute of Judicial Training and Research, U.P.
Course Objective and Design
Objects : To help the participants acquire professionalism in judicial decision-making as Additional District Judges.
Course Content :
1. Behavioural Science.
2. Value based Programme.
3. Law of Precedents.
4. Basic feature of Constitution.
5. Govt. Service - General Conditions (fundamental rules).
6. Principles of Natural Justice.
7. Inherent Powers of Civil Courts.
8. Pitfalls to be avoided by Drawing & Disbursing Officer.
9. How to grant leave order payments of leave salaries & allowances etc. during leave period.
10. Arbitration & Conciliation Act (Old & New).
11. How to make miscellaneous advances.
12. How to grant annual increment and order fixation of E.B.
13. Bar of Jurisdiction of Civil Courts under various enactments.
14. How and when to sanction TA & LTC.
15. How to check the registers maintained by the Zarir of Civil Court.
16. Pleading & Issues
17. Stay & Injunction.
18. How to grant Retirement Benefits & Family Pension.
19. How to make store purchases.
20. Bail & Remand.
21. Judicial Discretion.
22. How and when to sanction G.P.F. Advance and G.I.S.
23. General Rules Civil & Criminal relating to Finance.
24. Sessions Trial.
25. How to frame charge.
26. Income Tax Rules - Salary.
27. Circular letters of High Court regarding Administration, Stores & Finance.
28. Criminal appeal & Revision - Scope.
29. Civil appeal & Revision - Scope
30. Sentencing.
31. Interpretation of Statutes.
32. General Clauses Act (Central)
33. General Clauses Act (State).
34. Consumer Protection Act.
35. Finger Prints Science.
Source : Mr. D.P. Varshney, H.J.S., Director, Institute of Judicial Training and Research, Lucknow (1998).
The time-table of the course spread over eight weeks includes sessions devoted to communication skills, management skills, stress control, service regulations, sentencing, judgement writing, interpretation of Statutes, medico-legal issues, Human Rights, exercises on trial of different types of offences etc. There is evidence of serious re-thinking in the scope of training programmes and attempt to overcome the deficiencies by addressing a number of issues formerly outside such courses. It will be interesting to assess the impact of such modified courses on the trainees and their behaviour in court.
13.6.19 Two other institutions which are actively though only occasionally involved in giving refresher courses for judicial officers at the national level are the Institute of Criminology and Forensic Science (ICFS) and the Indian Institute of Public Administration (IIPA), both located in New Delhi. The former conduct regular residential courses of two to three weeks for police and prison officials from various States. In some courses on criminal justice, they invite District and Sessions Judges as well as Chief Judicial Magistrates. These courses discuss common concerns in criminal process particularly on scientific evidence, sentencing, judiciary-executive inter face and co-ordination issues. The IIPA which regularly conducts courses for civil servants occasionally conducts specialised workshops for judicial officers involved in criminal justice, consumer courts, industrial tribunals etc. Because of relatively better infra-structural facilities and availability of a wider spectrum of subject experts who come as faculty, these courses are better organized and appreciated. Another advantage of courses organized by ICFS and IIPA is the joint participation of a mix of judicial and non-judicial officers who operate the legal and judicial system with different roles and responsibilities.
There is no follow-up activity nor impact assessment which tend to leave these workshops and training courses as ad hoc, unco-ordinated attempts directed at few individual actors rather than at the system as a whole.
13.6.20 Under support from the British Council and with the approval of the Chief Justice of India, the School of Law, University of Warwick in association with the National Law School of India initiated a series of gender sensitivitisation courses for judicial officers in 1995. Several batches of District Judges nominated by the Chief Justice underwent three-month long courses of which nearly two months were spent in England attending classes and visiting courts and training centres in that country. The "Gender and the Law" course was based on a need assessment survey and was designed to provide sophisticated approaches of training. The project has been continued for a second term of two more years after reports of its being found useful.
13.6.21 In spite of several efforts in organizing judicial education and training, the situation on the ground at the turn of the century is far from satisfactory. Perhaps there is no other department of government in which persons are inducted in highly skilled jobs with little or no training as the judiciary. With the setting up of the National Judicial Academy under the Chairmanship of the Chief Justice of India, hopes are now being raised of a revival of interest in a modern system of pre-service and continuing education to judicial officers at all levels.
13.7 JUDICIAL TRAINING AS JUDGES PERCEIVE IT
Towards a Wider Consultation :
13.7.1 The best persons to identify the training needs and to suggest the nature and scope of training programmes necessary are the judges themselves. Having seen the strengths and weaknesses of the system and having experienced the changing demands of office, judges can discern the gaps and inadequacies in existing systems of judicial education and possibly suggest changes for equipping them better. There may however be serious doubts on whether the prevalent systems of training and re-training even with some modifications can deliver the skills and competence required. In any case, for peaceful continuity and effective management of change, it is advisable to ascertain the perceptions of judges and involve them in planning the programmes of judicial education and training. This report therefore attaches great importance to the consultative method adopted in preparing this chapter.
13.7.2 It is necessary to explain briefly the method employed in assembling the views and comments of judges on the subject. Initially the consultant had few rounds of general discussion on the state of trial judiciary and the prospects of reform through judicial education and training. Several sitting and retired judges of both the trial and appellate judiciary shared their deep insights which gave a broad idea of the issues and perspectives for inquiry. Secondly, a survey of the reports of Law Commission, literature on judicial training elsewhere and documentation on training in some of the States in Indian Union provided information on various dimensions of a meaningful training programme. Thirdly, on the basis of the documents and expert comments received, a memorandum detailing the impressions and proposals was prepared. A questionnaire consisting of nearly 100 questions covering issues on concepts, strategies, organization, scope, trainers, curriculum, methods, materials and evaluation got prepared to accompany the memorandum for eliciting views of judges from all over the country. Nearly 200 judges, senior advocates and judicial organizations were selected to make a representative sample of the judicial establishment of each and every State in the country. The Chairman of the Judicial Pay Commission himself forwarded the Questionnaire and Memorandum with a covering letter impressing upon the respondents the importance of the exercise and seeking their individual and collective responses. Several respondents joined together and sent their considered views collectively on behalf of judicial associations, High Courts, training institutions etc. Over fifty questionnaires were duly returned which included several institutional and collective responses. What is contained in this chapter is an analytical summary gathered from these responses and reactions of the judicial fraternity of India.
A copy each of the Memorandum and the Questionnaire sent round for the survey are appended to this chapter of the report as Annexure I and Annexure II respectively.
13.7.3 It was the considered view of the Commission and the Consultant that this participatory exercise should be taken further into a consultative meeting of the judges and trainers who are interested and involved in judicial education and training. In pursuance of this, the draft report on the responses to the questionnaire along with the recommendations from the Consultant were placed before the consultative meeting of experts convened by the Commission in Bangalore on 12-13 December 1998. The idea was not only to seek critical feedback on the findings and recommendations before issues are finalised in the report, but also to establish as wide a consensus as possible amongst High Courts and judicial training institutions and judges' associations on the scheme proposed so that immediate, co-ordinated implementation is possible if the authorities so decide.
What follows is a faithful summary of the perceptions and comments of over a hundred sitting and retired judges on the questions relating to the nature, scope and method of judicial education and training. For clarity of analysis they are presented in six segments as they were asked in the questionnaire. The list of persons/institutions who have filed their responses is given in Annexure III to the report.
13.7.4 REPORT ON ANALYSIS OF RESPONSES TO THE QUESTIONNAIRE
I. CONCEPTS AND APPROACHES
(1) Goals of Judicial training
The goals of judicial training are :
(i) to inculcate self-confidence, loyalty and a judicial work culture;
(ii) to imbibe judicial ethics and standards of judicial conduct;
(iii) to sensitize them to the values and ethics of the Constitution;
(iv) to help improve performance in delivery of justice and in judicial administration;
(v) to enable updating of legal knowledge and to sensitize them on changing demands of the system;
(vi) to familiarise on the forces operating at the social, economic, political and administrative environment in which judges work;
(vii) to enhance their sense of idealism, humanism and social justice;
(viii) to develop analytical and communication skills and research and writing skills necessary for the job;
(ix) to impart skills of management of men and materials including computer technology, case flow and accounting techniques;
(x) to sensitize on gender issues, juvenile problems and social responsibilities;
(xi) to influence personality development on the lines of hard work, honesty, impartiality, public service, judicial dignity and respect for human rights;
(xii) to enhance capabilities in dealing with emerging, complicated areas of science and technology involved in litigation.
Note : The goals are different from objects which are specific to a particular programme or module of training. Goals are general and expected outcomes ultimately; whereas objects are to be achieved immediately at the end of a particular course. Goals lead to objects identification in particular training exercises.
Structuring the objects in a pointed, achievable manner is the task of a course co-ordinator who uses materials and methods selectively to achieve that purpose. Several such courses may together achieve the goals over a period of time.
Greater the clarity in goals and specificity in objects, the higher the chances of training succeeding in influencing behaviour of trainees.
(2) Difference between Education and Training
(a) Education is knowledge of theory and Training is about application of knowledge or learning of skills and techniques;
(b) Goals of the two are the same; objects are different - the object of education is enhancing knowledge level, whereas object of training is efficient discharge of duties;
(c) Judicial training requires "hands on", "on-the-job" learning; judicial education can be class-room based or through self-study;
(d) Judicial education is more foundational and orientational in content and concerns; it is built around precepts, knowledge, principles and theories to cover gaps and inadequacies in previous learning. Training is built on education and structured according to tasks;
(e) Judicial education is broader in concept and can include judicial training as well; the two are distinguishable on the basis of methodologies employed to impart learning;
(f) Education is overall knowledge; training is focussed, specialised and result-oriented;
(g) Education is a continuing process and is life-long; training is accomplished on basis of job requirements and performance goals;
(h) Training consumes more resources and requires constant refinement of aims and methods.
Note : The purpose of seeking the distinction between the two, is to give clear signals to the trainers on identification of objects, allocation of resources and employment of appropriate methodologies in different types of judicial training programmes. Even in the selection of the Faculty for the course, the relative weightage to be given to education and training should be known. Furthermore, it is easier to evaluate the impact if the educational objects are distinguished from the training objects.
(3) Existing Sources of Training
(i) State judicial academies or training directorates operated by the High Courts;
(ii) Partly from induction training course and mostly from experience;
(iii) Judges in many States do not have any opportunity for organized institutional training; they learn day-to-day tasks through attachment with senior and experienced judges for 3 to 6 months after initial recruitment; this is found to be too inadequate for independent and efficient functioning;
(iv) Some legal workshops and seminars periodically organized give some useful learning to judicial officers;
(v) College education, library, media and law reports do contribute to judicial learning;
(vi) In-service training is relatively unknown in most States and the High Courts do not seem to be keen on it;
(vii) Judges are left to fend for themselves and learn through trial and error and possibly from the profession practising before them;
(viii) Previous practice at the Bar is another source of education and training in judging too.
Note : It is refreshing to find that judges do realise the importance of training as they experienced difficulties in judging in the absence of proper training. The judicial authorities, however, do not seem to realise the extent of low productivity, miscarriage of justice and avoidable appeals and revisions preferred in the system. In the absence of research data, such issues are neither raised nor responded adequately. Good training schemes alone will demonstrate what training can achieve in the cause of justice.
(4) Inadequacies in Existing Training :
(a) Most States have no training scheme nor training institutions;
(b) No proper continuing education programme at State or national level;
(c) People are sent for training at the fag end of their service;
(d) Because of shortage of judges, training periods are reduced or training avoided altogether;
(e) The available schemes are neither scientifically organized nor based on experience;
(f) All judicial officers are unlikely to benefit from uniform training; therefore it must be selective and need-based;
(g) Most schemes are totally inadequate to enhance judicial capabilities and much less on judicial skills;
(h) Most schemes have no written test or examination to assess the impact of training;
(i) Schemes are ad hoc exercises with no thrust on specialisation and not linked to specific needs of the work assigned;
(j) Training is not participatory and no inter-active learning procedures adopted;
(k) Organization does not give priority or weightage to participation in training;
(l) The curriculum is not scientifically evolved nor is it periodically revised;
(m) Because of resource constraints, funds are not allocated for judicial training;
(n) There is no training on change of jobs or on promotion;
(o) There is no proper infra-structure for judicial training;
(p) Training not taken seriously either by the trainers or by the trainees;
(q) There is total absence of competent trainers who are skilled on the job;
(r) Some of the programmes are too localised and are not standardized to serve larger goals;
(s) Objects of specific training programmes are not clearly formulated or communicated;
(t) Rhetorical lectures and exaggerated sermons from the so-called visiting dignitaries do not inspire learning;
(u) Properly supervised attachment with efficient judicial personnel can train a great deal; but it is rarely done as the senior has neither time nor motivation;
(v) Lack of trained permanent core teaching facility in training establishments is a serious handicap;
(w) Poor performance at training has no effect on career;
(x) Training in appreciation of scientific evidence and in innovative approaches in judging is non-existent or superficial;
(y) Above all, independent, well meaning initiatives by subordinate judges are looked down upon and are not encouraged.
Note : A surprisingly large number of adverse comments have been given by the judges on existing programmes. As such, the existing schemes need to be radically changed if the resources spent has to give returns.
(5) Need for In-Service Training
All the respondents were emphatic on the need for continued training to officers in service. Induction training has certain limited objects with a view to guide the new comers in the new office. There is need for periodical training to every judicial officer at all levels upto Additional District Judge. After every promotion a training programme has to be provided.
Thus, every judge is of the view that like induction training, continued in-service training is essential and is to be provided at every promotion and at periodic intervals.
(6) What are the objects of in-service training ?
In contra-distinction to induction training, the following specific objects were suggested for the different types of continuing education and training :
(i) Updating knowledge of law and practice in selected areas;
(ii) Improving skills of court and time management;
(iii) Induction of new ideas and experiences to tackle changing tasks;
(iv) Improving work culture and developing judicial balance to problems;
(v) Sorting out angularities and prejudices;
(vi) Preparing for higher judicial responsibilities;
(vii) Identifying weaknesses and correcting them;
(viii) Sharing experiences among the judicial fraternity;
(ix) Increasing efficiency and accountability;
(x) Understanding the nature and scope of new jurisdictions and powers;
(xi) Testing the abilities and skills in comparative situations;
(xii) Learning the management of stress and crisis situations;
(xiii) Interact with leaders of other professions who have insights to contribute on role of judiciary in responsible governance;
(xiv) Think collectively on maladies like delay, access, cost, difficulties of litigants, bar-bench relations etc.;
(xv) Strategies for improving working conditions and increasing productivity of judges.
(7) Poor Quality LL.B. Education : Can Induction Training Correct it ?
Responses were mixed to the issue raised in the question and there was doubt about the capacity of initial training filling the gaps in earlier legal education. Majority favoured strict and rigid standards in the selection itself so that those who do not have adequate knowledge do not get recruited to the judiciary. In any case even the best of law colleges, they argued, cannot give the type of training required for judiciary. Several subjects, particularly procedural subjects, do not receive adequate attention in Law Colleges.
The assumption with which training course is planned is that every person recruited has adequate competence expected of an advocate with few years practice at the Bar. This is questionable and the reason why induction training is contributing little today is the extremely poor quality of legal knowledge of some candidates who are being recruited to the judiciary.
(8) How does the recruitment process ensure minimum Competence?
Selection process is not likely to guarantee competence in all candidates selected, though most of them may possess basic knowledge and skills.
Pre-selection training is not practical as candidates may not take it seriously unless they are assured of selection. Furthermore, financing pre-selection training is a problem. As such, Judiciary may have to compromise and select candidates knowingly that their education is inadequate and equipment is poor.
Recruitment at best can act as a screening of available material. Written examinations and personal interviews can assess the knowledge level to some extent. Perhaps a two stage examination scheme as prescribed for central services can increase possibilities of identifying the really deserving candidates. This may not necessarily help in excluding undeserving candidates, given the uncertainties of the processes and the reservation politics inevitably involved in them.
Given the wide variation in the quality of legal education imparted in colleges within the State and among the States, adherence to rigid standards may result in injustice to certain sections of society. Filling of reserved seats in subordinate judiciary will be a near impossible task if high levels of knowledge and skills are insisted in selection examination.
If Bar Councils or the Judicial Academies can themselves organize systematically preparatory pre-selection courses for prospective candidates who want to improve their chances, it may help weaker candidates in the selection and also promote prospects of all trainees having some acceptable level of common basic knowledge expected of them.
Alternatively weaknesses of individual trainees have to be addressed separately by the training academies through special schemes which may necessitate greater time, attention and resources for their training.
(9) Is Training to be concerned mainly with Skills ?
Largely that is the object; but it has to have a knowledge base and has to be enriched with changes in attitudes and values. It must enable trainees to foster self-development and make self-evaluation.
(10) How Training can cater to the demands of the brighter and the needs of the weaker candidates simultaneously?
The conventional law subjects are not to be taught in the judicial training course. They should be left for self-study.
Weaker candidates may be given instruction through remedial programmes outside the normal training course. Also brighter trainees may be asked to give guidance to their colleagues who are unable to follow the courses.
Extra-training for weaker candidates outside the normal period of training may cause psychological problems in them. The best strategy is not to select candidates for judicial jobs if they do not possess expected levels of learning.
(11) Language Training
It is the unanimous view of all respondents that English should be the medium of training. Some would like Hindi also to be made compulsory and regional language a desirable third language in judicial training. However, regional language should not be the medium of instruction as it will affect judicial standards throughout the country and will be unfair to the concept of equal justice under law. Legal literature of good quality is also available at present only in English. Judicial excellence in the present circumstances requires the use of English in judicial work.
(12) Motivating the Trainees to take Training Seriously:
Everything needs to be done to make the trainees take the programme seriously and internalise the learning for better judicial performance. This may require policy changes and administrative arrangements conducive to hard work. Several suggestions emerged from the responses. These include :
(a) Successful completion of training to be a part of the probation requirement and the services of those who have totally failed to imbibe the minimum learning during training should be terminated forthwith rather than allowed to continue at great risk to the efficiency of administration of justice.
(b) Performance at training to be a relevant consideration for determining eligibility for promotions and career advancement of all judicial officers.
(c) The importance of training and expectations from trainees be communicated clearly and rules be framed to announce the priority judiciary attaches to training.
(d) Examinations be conducted at training centres and performance of trainees be graded as "excellent", "very good", "good", "satisfactory" and "poor". Those who are declared "poor" shall not be confirmed in the cadre to which they are recruited and they may be subjected to denial of increments as long as they do not secure at least a "satisfactory" grade.
(e) Enhance the quality and content of training programmes by adopting varied teaching aids and methodologies.
(f) Recognise meritorious performance in training through awards, recommendations and preferential promotion opportunities.
(g) Give service advantages to meritorious officers including study leave, library grants, empannelment for special assignments etc.
(h) Peer group pressures can promote motivation.
(i) Research, project work and participatory exercises to be encouraged in training. It should be a process of "learning by doing" rather than "learning by listening".
(j) Exposure to the experiences of judiciaries in other countries will be useful at higher levels of judicial service.
(k) In extreme cases of non-performance even after training, reversion to lower cadres can be considered.
(l) Annual appraisal report should be linked with training goals and achievements.
(m) Compensatory allowances can motivate in select situations.
(n) Periodical examination through written tests and group discussions can enable the learner to understand deficiencies and acquire capabilities by the time final assessment is made at the end of training.
(o) Judicial academies should be run on lines of military or police academies for inculcating discipline and seriousness.
Note : Motivation is the key for achievement. Admittedly, the trainees in judicial academies even at the induction stage lack motivation. It is imperative for the judicial establishment to consider how the motivational level of trainees could be increased by altering rules of employment and making training attractive and instructive. Adult learning processes are varied and the training schemes will have to address the issues scientifically if judicial behaviour is to be influenced in desired directions.
(13) Nature of Examination in Training :
(i) Examination to be held in each subject of training course.
(ii) It should be a mixture of open book, problem-type, project work, group discussion and paper presentation exercises.
(iii) Some have doubted the desirability of university-type examinations though they wanted evaluation made by other methods.
(14) Consequence of Unsatisfactory Performance in Training :
(a) Several steps suggested earlier on the question of motivating judges to take training seriously would apply here.
(b) Entry in service records after giving opportunity for correction may be resorted to.
(c) Repeating the training course should be insisted upon and probation period continued.
(d) Repeat training, though rigorous, should be helpful to the officer to learn at his pace rather than tending to be punitive and self-defeating.
(e) Some responses do suggest amendment of recruitment rules to the effect that unsatisfactory performance at training will entail discharge from service or placement at a lower grade than the one recruited for.
(15) Ensuring fairness and objectivity in training evaluation :
(i) Making an officer of the level of High Court Judge in charge of the assessment system.
(ii) Entrusting examination to a panel of examiners or committee of judges.
(iii) Review by an appellate authority in cases of complaint according to transparent procedures and acceptable criteria.
(iv) Providing a re-check/re-valuation procedure.
(v) Display of periodic test results and opportunity to understand causes of non-attainment of higher grades.
(vi) Evaluation partly or fully by agencies outside the training institute.
Note : It is important that when performance at training is given serious repercussions on career advancement, the process of evaluation is fair, objective and transparent. There are examination techniques now available to eliminate bias and too much of subjectivity in assessment procedures. They need to be adopted according to requirements in the Academies.
Additional Comments :
In respect of the first set of questions on "concepts and approaches" analyzed above, there has been few additional comments offered by some respondents. These are summarised below :
(i) Unlike the civil services examinations, the candidates for judicial service are much more mature persons as they have spent some time in legal practice and are in the age group of 27 or above. The training scheme should take this into account and conduct the training little differently.
(ii) Undue emphasis should not be placed on English language skills as what is required is ability to understand communications in English and not the power of expression in that language. In fact power of expression is more required in the language of the region which may also be allowed to be developed.
(iii) The best legal luminary or a competent judge may not necessarily be a good trainer. As such careful selection and training of the trainers is a pre-requisite for success of training programmes.
(iv) While training in traditions and practices in judiciary are necessary, it should aim to give a futuristic orientation so that the trainees could respond to changes responsibly as and when they occur. Training tends to reinforce existing values and practices sometimes to the detriment of efficiency and responsiveness.
(v) The induction-type training course must be conceived at three stages and should be linked appropriately in contents and concerns. The first stage is soon after the initial recruitment to the judiciary as Munsiff/Magistrate. The second stage is at the time of promotion as a civil judge and the third is when the officer is promoted to the cadre of District Judge.
II. ORGANIZATION AND SUPPORT SERVICES
(1) The Case for a National Judicial Academy and Four Regional Academies :
An overwhelming majority of respondents (88%) are in favour of a National and four Regional Judicial Academies apart from Training Directorates under each State High Court. Some believe that regional academies are unnecessary and State level training institutions can perform the tasks if the National Academy can help standardize the programmes and provide supporting services. Of course, smaller High Courts can join neighbouring States and have joint training establishments.
Those who support Regional Academies are in favour of establishing them in Uttar Pradesh (Lucknow), Andhra Pradesh (Secunderabad), Assam (Gauhati) with the National Academy located in Madhya Pradesh (Bhopal). It may be re-called these are places in which infra-structural facilities already exist, though in a modest scale, and where some training programmes are periodically organized for judicial officers.
There is an opinion advanced that the relationship between the National/Regional and State academies should not be that of a Principal-Satellite (subordinate) type, but co-equal institutions with differing functions. The National institution may be better placed to provide training ideas, propose new training schemes, assemble appropriate reading materials and self-study kits, run training the trainer courses and help standardisation and co-ordination.
(2) Structure of the National/Regional Academies :
The dominant opinion is that the National/Regional Academies should be directly under the supervision of the Supreme Court. There should be a Governing Board in which besides representation from Supreme Court, High Courts, Central and State Governments and Bar Councils, there should be some independent experts/academicians nominated.
While a Senior Supreme Court Judge can be Chairman of the national academy, the senior most puisne judge of the High Courts in the region by rotation can be the Chairman of the regional academies.
There is a view that regional academies should also have in their Governing Boards representatives from the District Judiciary and the NGOs/Social Workers.
The role and responsibilities of the Governing Board members vis-à-vis the regular faculty must be delineated so that there is no compromise on academic freedom and institutional autonomy. However links with higher judiciary at the administrative level may help enhance prestige and credibility for the courses while ensuring greater discipline on the part of trainees.
There is a caution given that care should be taken not to let the academies become a place for re-employment of retired judges or an asylum for those not desired in the regular courts for whatever reasons.
(3) Relationship between Academies to maximise Productivity :
There may be functional control of regional and State academies by the N.J.A. for purposes of quality assurance. Otherwise, the two have a large area of co-ordinate functions. Every member of regional/state academies be deputed to be in the faculty of the N.J.A. for a fixed period to acquire special expertise and to facilitate academic co-ordination. Similarly faculty of the N.J.A. may be deputed to state/regional academies for fixed periods to enhance interaction.
Two-thirds of all training programmes need to be organized at the State /regional level and only one-third need to be at the national level. Participation at the national level courses be regulated on the basis of merit and functional roles.
A system of communication linkages be established with the N.J.A. so that judicial officers can have the benefit of courses nationally conducted through distance learning techniques, video-conferencing etc. This can enhance the reach of training without disturbing officers from their work places and schedules.
Curriculum development and standardisation of syllabii and study materials are the key functions of the NJA and much of the actual conduct of training should be left to the State/regional academies. There should not be hierarchical or bureaucratic controls which will inhibit the development of State academies in its own fashion responding to local problems and challenges.
There is a view that while the NJA should be the place for training of District Judges and possibly High Court Judges, the State/regional academies should conduct training for the subordinate judicial officers. Refresher courses for specialised training and continuing education of senior judicial officers should first be developed and conducted by the NJA and in appropriate cases be repeated in State/regional academies. Such courses should be carefully planned to serve specific needs and experimented for its impact at the NJA level before recommended for repetition elsewhere. This will avoid wastage of resources and maximise benefits to judiciary as a whole.
(4) Composition of Faculty in Judicial Academies :
The size of the faculty will vary according to demands and resources. However, on an average a State academy may have a Principal and a Vice-Principal, two Professors, one or to Lecturers and two or three Research Officers. Of course, this is to be the core faculty and will be supplemented by a guest faculty of invited experts from the locality. In any case, a minimum of five full-time faculty members should invariably be available to every training institution.
According to one view, the minimum academic staff of a regional training institution should be fifteen (15) with at least 20 supporting administrative staff. This would include a Director (rank of High Court Judge), a Deputy Director (rank of Senior District Judge), three Professors representing three relevant disciplines (law, management and social services), three Associate Professors representing judiciary (civil judge rank), forensic sciences and behavioural sciences respectively, two instructors in law, two computer/information technology (library) experts and two field work co-ordinators (experienced court administrators/lawyers).
It is suggested that the ratio between trainers and trainees should be in the range of 1:5.
The primary principle should be that judges should be teaching other judges and academies are to enrich and diversify this process. The ideal situation would be to find volunteers among distinguished and retired judges to undertake the teaching functions according to pedagogic techniques and teaching goals evolved by academic faculty of training institutions.
Considering that there is hardly any tradition of systematic judicial training in the country as a whole and that there will be heavy demands in training which may be between 2000 to 2500 trainees per year for at least five or more types of courses (induction courses and refresher (continuing education) courses), there is need to develop a cadre of regular faculty members trained and motivated to undertake the tasks in the immediate future. Identifying another 1000 or more guest faculty members, interested, competent and distributed in different States is another task to be undertaken. They also need to be given an orientation if the effort has to be productive; co-ordinated and functional.
(5) Existing Academies to be developed as Regional Academies?
While there is general agreement to declare the Lucknow, Secunderabad and Gauhati academies of regional status, there is demand for a similar one at Nagpur or Jaipur for the western region. There is a demand for a regional academy at Bangalore as well.
The primary requirement, it is argued, is strengthening State academies than go for regional one. State academies with National Academy at Bhopal can fulfil the immediate needs at least for some time.
(6) Budget Estimates for running a Judicial Academy :
The budget projections vary between 2 to 10 crores of rupees though a substantial section of respondents believe that once the infra-structure is available the running cost can well be within 2 to 3 crores of rupees a year. A State academy can well be managed with rupees two crores of which one crore will be for salaries and another for administration and programmes.
The average annual budget of the National Academy may be in the range of rupees 5 crores.
(7) Selection and Retention of Faculty :
Most respondents are in favour of recruiting permanent faculty for basic needs of training. The Judiciary and Universities are the two sources for their recruitment. Senior advocates if available can also serve the need in some cases.
If faculty were to be drawn from serving judges and professors, they should be taken on deputation at least for a minimum period of 5 years extendable for another 5 years. This will prevent stagnation and bring in fresh blood with diverse experiences. However, it is not easy to identify the right person to come for deputation.
Retired judges and professors if found suitable can be engaged on contract basis as either regular or adjunct faculty. Other things being equal, outstanding District Judges rather than High Court judges may better serve the needs of training.
Senior judges with interest in teaching may be given an year off from judicial work if they volunteer to teach at the academies.
The Directors/Principals should be appointed for a minimum term of six to ten years preferably from the higher judiciary or eminent jurists.
(8) Status to be accorded to Senior Faculty in the Academies :
While the Director/Principal of State/regional academies should have the status and perquisites of a High Court Judge, the others in the Faculty may be placed on equivalent status of Central Universities. Deputy Directors/Vice-Principal may have the status of a Secretary to Government in States.
The status of the Director of the NJA should be that of a Supreme Court Judge. Others in the Faculty may carry scales of pay offered in institutions of national importance like the IITs, IIMs etc.
(9) Medium of Instruction in Academies :
Two-third of the respondents want English to be medium of instruction while one-third are split between Hindi and regional language together with English.
(10) Organization of Skills Teaching :
Skills teaching is important in training; but it may not necessarily need a separate department to organize clinical training. Given the fact that majority of faculty members are people with skills, they would impart skills training in their respective courses. Further in field placement, project work and mock trials/moot courts the trainees may get opportunities to sharpen their skills.
(11)Academic Links Desirable with Outside Institutions :
Exposure to the training programmes of other countries is always beneficial. Eminent judicial trainers from outside institutions may be invited for short periods to conduct seminars or co-teach courses with the Faculty in the academies. Wherever possible, trainees at least in refresher/continuing education courses may be provided opportunities to participate in training programmes of other countries and trainee judges from these countries may be admitted to join the courses in the academies in India.
In any case, academies should develop professional links with comparable institutions outside India and exchange publications and study materials. This will be mutually beneficial to improve quality of judging and to have critical feedbacks on our strengths and weaknesses. International collaboration in judicial training particularly at the level of SAARC or Commonwealth should be encouraged.
(12) Computer Training for Judicial Officers :
All judges are unanimous in their opinion that training in computers particularly its use in judicial work must be compulsorily taught in all training programmes. Academies should be fully equipped with equipments and instructors not only to teach the use of computers, but it must form an integral part of the training methodologies in every course.
Some persons suggested that every court should have access to internet and e-mail facilities as well.
(13) Financing Judicial Academies : Desirability of Seeking Private Donations :
Many respondents are emphatic that the funds should come from the State only. There was one view that international finances available for judicial training should be kept in a central pool and individual academies made to compete for grants from it according to the merit of their programmes.
Another view supported by many says that there is no harm in seeking donation of library and study materials as well as teaching aids.
(14) Can Judicial Academy come up on the model of L.B.S. Academy, Mussorie?
Majority suggests that it can be a model in many respects in terms of infra-structure and quality of programmes. However, it suffers from a bureaucratic structure; whereas the model of IITs and IIMs is more professional and adaptable for judicial officers.
III. NATURE AND SCOPE OF PROGRAMMES
(1) Status of Foundtion/Induction Courses :
Yes, the induction courses for fresh recruits and promotees constitute the major activity of the State academies; whereas refresher and continuing education courses should engage most of the time of regional and national academies.
(2) Status of Refresher Courses :
Refresher courses for officers who are already in service are necessary and should compulsorily be attended once in three years (or, in any case, once in five years) by judges at all levels including the High Courts. The average size of such courses can be anywhere between 25 to 35 participants.
The duration of such courses depending upon the subject and scope of such exercise can vary between 1 to 6 weeks; the suggestion being 1 week for High Court Judges, 1 to 2 weeks for District Judges and 1 to 3 weeks for others.
Taking into consideration the large number of judges at all levels to be able to undertake refresher courses, the academies need to conduct such courses round the year, sometimes having more than one such course at the same time. Initially it may pose some organizational difficulties; after gaining some experience and standardization of quality criteria, it may be possible to repeat such courses more frequently or even to offer them at least partly through distance education techniques.
(3) Should Academies offer courses other than Induction and Refresher Programmes for Judicial Officers?
Thematic courses of shorter duration of 1 to 5 days including week-end courses may be organized to presiding officers of specialised tribunals and senior level administrators of judicial establishments.
It is also desirable to have at least occasionally orientation courses organized to officers who in their official functions deal with judicial proceedings. Thus, police officers, public prosecutors, income tax and custom, excise officials, Government secretaries, law officers of Government and Heads of Public Sector Undertakings may all be brought in to educate them on judicial processes, rule of law, issues on Court-Executive interface, contempt of court and human rights jurisdiction of superior courts.
Courses should always be need-based, informative, analytical, and result-oriented.
There is need for judicial academies undertaking research projects on a continuing basis either by themselves or jointly with universities and other organizations on issues of interest in judicial organization and administration with a view to propose judicial reforms and enhance judicial productivity.
Management related courses ought to form the focus of special seminars and workshops. Seminars on issues of contemporary public concern should also receive the attention of Judicial Academies.
Occasionally courses for the supporting staff of courts may also be organized to motivate and educate them on the tasks of judicial administration as distinguished from general administration.
Yoga, meditation and similar stress-releasing and efficiency-promoting techniques should form an essential part of courses.
(4) Venue for Courses outside the Academy
Majority of respondents wanted the judicial training courses to be residential even when held outside the campus of the Academy.
Though regional and national academies may be encouraged to conduct their courses in different States for officers of the State, it was felt that courses in the campus of the Academy involving equal rank officers of several States have distinct advantages in inter-active learning and developing judicial discipline and solidarity. In any case, unless proper infra-structure and learning environment is available, no attempt should be made to organize courses for judicial officers in premises outside the campus of judicial academies. It is better not to organize training rather than organize badly and bring disrepute to a valuable tool for influencing change.
There is an opinion advanced that only foundation course be residential. Refresher and short duration courses will have to justify each time why it should be residential and what are the adverse outcomes if it is organized on week-ends or part-time basis or purely through correspondence/distance education methods. This is to avoid disturbance to judicial work and to save scarce resources.
(5) Standardization of Distance Education and Training:
There is mixed reaction to distance education in judicial training. For education purposes, they argue, it will be possible; but for training of skills, it is still to be developed.
However, there is wide support to start off correspondence courses with standard materials for continuing education of judicial officers. This may cover new legislations or amendments to existing legislations and leading case laws, both Indian and foreign. Even summaries of expert committee reports and of articles by eminent jurists in legal periodicals can be communicated to all judicial officers by the Academies. Knowledge-based components of judicial education can well be supplied through correspondence and learning on them can be assessed through project reports and similar assignments. Well produced audio and video cassettes can be an effective medium even to introduce new skills and attitudes to judicial officers. However, in distance learning also, participating officers should be examined and evaluated by the Academies through assignments or otherwise.
Perhaps, an option can be given to the judges to obtain the grade requirement in continuing education either through an extended period of distance learning or a residential programme of a shorter duration.
(6) to (9) Objects Determination in Foundation and Refresher Courses
Note : Even though these cluster of questions attempted to gather specific objects of the two types of courses distinguished from generalised goals, the responses did not throw much light. This is what the trainers need for designing a course and to develop appropriate techniques to address each of the objects. It is also necessary to evaluate the impact of each segment of the course. To the extent the objects remain vague and generalised, skills, attitude and ethical standards cannot be addressed adequately in judicial training. Of course, to some extent all objects cannot be articulated in simplistic terms; nor can it be exhaustively stipulated at any given time. Nevertheless, the first task of every teacher/trainer will continue to be the struggle to identify and communicate clearly and unambiguously the learning goals of the total course and of each module in it.
It is interesting to find that many respondents expect from the induction training better understanding of legal principles as well as substantive and procedural laws, (what ought to have been obtained in LL.B.), familiarity with court functioning (which must have been observed during legal practice) and knowledge about working of related departments of police, revenue, jails, forensic labs, mental hospitals etc. (which again a conscientious lawyer could have gathered in practice). This is the problem with objects being vague. The training ends up in repeating what is already known or giving elementary things at a superficial level which one expects in the pre-recruitment education and practice of lawyers.
There are others who identify the objects as judicial decision-making, writing judgments, passing interim orders, managing court procedures and personnel, judicial ethics, treatment of special categories like juveniles, unsound persons, alternate systems of dispute resolution, computer literacy, accounting in courts, relationship with the Bar and media etc.
Interestingly again, there has not been any mention in the responses that study of the impact of constitutional law and judicial review is to be a subject of study in the training of new recruits to the judiciary. Nor is human rights referred to as a topic for learning in induction training.
Updating in legal developments is the popular response to the question on "objects" for refresher courses. Improvement of skills and capabilities (without identifying them) have been suggested as additional objects of refresher and continuing education courses. Imparting skills and knowledge to deal with special laws involved in motor accident compensation disputes, land acquisition disputes, disputes under companies and industrial disputes acts etc. were suggested for specialised continuing education courses.
Major changes in any area of law and policy and introduction of major departures in judicial administration should be the objects of short term seminars and workshops organized by judicial academies. Such programmes should include case studies and field visits rather than substantive knowledge.
For motivating judges to voluntarily seek participation in training, the strategy would be mention in service records, award of certificates, giving monetary incentives and recognizing distinguished performance in training courses as additional qualification in promotion and placement.
(10) Objects of Training Outside India :
Only judicial officers with long years of experience to be sent. The objects include understanding the law and judicial systems of other countries. Only those very good in English language and personal interest in comparative legal studies should be sent for training abroad. Another object of training abroad is to study how science and technology can improve the quality of dispensation of justice.
The trainers (faculty of training academies) should be sent for further training abroad so that, through them, Indian judicial officers can receive what is good in other systems in a manner appropriate to Indian situation. Foreign training in the best of such institutions will help improve organizational aspects relating to the conduct of such training. There is a view that training abroad should be confined to the trainers in judicial academies.
(11) Foreign Judges in Indian Academies :
Respondents mainly welcomed limited training opportunities being provided for judges from abroad, particularly of Commonwealth countries. They opined that it should be on payment of full costs and possibly on reciprocal basis.
(12) Should Academies have a role in Recruitment Process :
Academies are welcome to offer pre-selection counselling and training to prospective candidates for judicial offices particularly those belonging to reserved categories.
Academies may also be authorized to conduct the Judicial Selection examination on behalf of the High Courts or the Public Service Commission and under the directions of the High Court concerned.
There were some persons among the respondents who were against giving training academies a role in actual selection of judges. However, there is no objection in a member of the faculty being invited to sit with High Court judges while interviewing candidates. Some persons did not want even that.
To a suggestion made as to whether bright students from law colleges can be identified, motivated and guided by judicial training academies for judicial selections, the respondents are generally in agreement. Possibly a campus selection by the High Court through an alternate process if formulated under proper rules may also find approval in this regard.
IV. TRAINING THE TRAINERS
(1) Lack of Qualified Trainers and how to produce them :
There is not enough competent, dedicated and trained teachers for judicial academies. This is not because such people are not available in the country. Both in the Judiciary and in Universities there are potentially capable trainers, but they do not prefer to go to training institutions because of the poor service conditions, paucity of infra-structure facilities and low prestige given to such assignments in the judicial establishment itself.
The best available resource is in the judiciary itself. Sitting and retired judges who have inclination for teaching can be recruited and trained to become competent trainers if they can be offered conditions of service attractive enough to opt for such job. A large Panel of such personnel from amongst High Court and District Judges should be prepared for possible assignments in academies for periods long enough to make an impact. Retirement from such assignments should be at 65 years, the age at which Supreme Court judges retire. The usual recruitment procedures are unlikely to attract the right type of faculty members to the academies. It must be a process of nomination-cum-invitation-cum-selection based on pre-determined criteria widely publicised in the entire judiciary and in the Universities.
(2) Staff Structure in the Academies :
There is some support to the suggestion that the faculty strength may be equally divided into permanent, deputation-basis and guest teachers. However, others think that long-term deputation and larger pool of visiting lecturers will be conducive to better performance. Permanent faculty may after sometime feel frustrated because of lack of adequate promotional opportunities as compared to their counterparts in the judiciary.
However, there is a strong view that no institution can develop in the long run if a core team of permanent staff is not available and, as such, each academy should have some senior level permanent teachers who may be available to the institution for at least 10 to 15 years.
(3) Role of NJA to provide Trainers to Regional/State Academies :
Yes, the National Judicial Academy should undertake the task of identifying a pool of officers with the help of the High Courts from throughout the country, train them for different tasks and notify their availability for teaching assignments in different academies in the region. The reputation of judges in the profession, the service records and an aptitude survey based on relevant criteria can help the High Court/NJA to spot such candidates. The process should be transparent and scientific and no caste, region or other irrelevant considerations should influence the process.
If there is to be a Judicial Service Commission, it can perform the task ably and on objective criteria.
There are possibilities of identifying such candidates in the Bar also.
(4) Qualities of a Good Judicial Trainer :
A number of qualities have been identified by the respondents. These include -
(i) Sound knowledge of the theory and practice of law.
(ii) Commitment to independent judiciary and judicial reform.
(iii) An effective communicator and good command of language.
(iv) Aptitude to work as a teacher and ability to learn more.
(v) Capacity to inspire trainees and promote interactive learning.
(vi) Good reputation and integrity of character, to be a role model.
(vii) Research capability with inter-disciplinary approaches.
(viii) Creative thinking, willingness to unlearn and re-learn.
(ix) Punctual, disciplined, clean habits and secular-minded.
(x) Experience in management/administration.
(xi) Proficient in some subject other than law.
(xii) Understand the psychology of adult learning.
(xiii) A sense of history, a sense of humour and respect for rule of law and human rights.
(5) Availability of Trainers outside Judiciary :
Outside judiciary, good trainers for judicial academies can be found in reputed law colleges, universities, the Bar, management institutions, staff of existing training institutions and corporate establishments.
(6) Desirability of Training the Trainers in Judicial Academies Abroad :
There is wide approval to the suggestion that the identified pool of officers should be sent to the best available judicial academies abroad to learn the essentials of organization and conduct of training programmes. The idea is not to gather substantive knowledges but to learn the pedagogic methods of effective training of highly educated persons like judges. Association with master trainers and observation of actual training exercises would give the ideas and skills to suitably improvise techniques for use in India. Since there is no such experience in this regard in India, such visits by the trainers at least for some initial period will be beneficial.
(7) Strategies to develop Academies as Centres of Excellence :
There is positive response to the suggestion that based on performance in the first few years, judicial academies should have the prospects of becoming universities which could award degrees in judiciary-related studies. Such a prospect would promote research and innovation on every aspect of administration of justice and provide empirical data on any proposition to the judiciary to plan reforms.
Advanced seminars, workshops and judicial conferences under the auspices of academies can generate new ideas and initiatives for constant improvement of quality of education, training and research.
The status of excellence should be earned by hard work and competitiveness through outputs, reputation, publication and consultancy.
There should be periodical performance audit of the academies by a high-powered body which should advise on academic agenda and performance targets.
(8) Universities to be advised on Degrees in Court Management :
Yes, if reputed universities and management institutes can educate people on Court Management, it will provide trained persons for judicial administration. Perhaps judicial academies can introduce such courses jointly with management institutions which will enable officers already in service to take advantage of such programmes.
4.9 Research and Development Work in Academies :
Research in judicial wing of government is a neglected area and there is no reliable information on a variety of aspects concerning judiciary which has grown in size and complexity over the years. Judicial academies should start research on priority issues. The judges who come for training are a rich resource for gathering information and conducting small studies with field surveys. It helps in training them also on hidden facts of judicial administration.
It will be ideal to prepare a research agenda after wide consultation with the judiciary so that the outcome of research can find its way to policy formulation and administrative reforms.
Problems and issues are many and varied. They have to be broken down into research questions and proper methodology has to be worked out so that it can be managed in reasonable time and they are linked to a common theme or development goal. Such action-oriented research can change the quality of governance in the judicial set-up. Academies are eminently suited to take this responsibility right from the beginning.
4.10 Planning Infra-Structure for Future Challenges :
The infra-structure pattern of LBS Academy at Mussorie appears to be of guidance in planning the national and regional judicial academies. More than physical infra-structure, it is the academic programmes, professional management and functional autonomy which will tell on the efficiency of the academies. There must be halls specially designed for moot courts and mock trials for ADR experiments and for group study. Computerised library system with one terminal for two trainees should be available.
Additional Comments :
Some very valuable suggestions have come from respondents by way of additional comments. These are :
(i) All senior faculty members should be encouraged to do research on areas of his choice for which one month's paid leave should be made available. There should be a research article published each year by every faculty member.
(ii) Faculty members who get poor assessments from the trainees for two consecutive courses should be repatriated to the parent departments and not retained in academies on compassionate or other grounds.
(iii) All training academies should grow over a 5 to 10 year period according to performance and its own reputation. Therefore the investment on a training institution should not be made at one go.
(iv) Judges who have robust common sense, practical skills and varied experience should be constantly inducted into the academies at least for short periods even if they refuse to come on regular assignments.
V. CURRICULUM CONTENT AND SYLLABII
(1) Appropriateness of the Curriculum for Foundation Course :
The accompanying memorandum to the Questionnaire suggested the following six themes for the Foundation Course Curriculum :
(a) Knowledge of Law in the context of social change and development.
(b) Understanding judicial process in Governance under rule of law.
(c) Updating knowledge of Law and Legal Procedure.
(d) Developing skills in Management of Court and related systems.
(e) Government Policies, Judicial interface and Speedy Justice.
(f) Judicial Ethics, Discipline and Accountability.
Each of the themes are broken down into different subjects and teaching modules to develop a syllabus for the induction training course.
Asked on the adequacy of the curriculum, the respondents generally agreed with the relevance, coverage and organization of the content proposed. They however felt that one year period can be reduced if some of the subject papers (like Law and Social Development, Law and Economics, Judicial Review and Judicial Process, Principles of Legislation and Interpretation of Statutes, Constitutional Law) are dropped. Their argument is subordinate court judges do not immediately need such knowledges more than what they have acquired in LL.B. or in legal practice.
It was suggested by some that direct recruits from the Bar may need training on (a) framing issues/charges, passing interim orders, writing judgments and sentencing; (b) understanding of work of police stations, correctional institutions, prisons, revenue departments, forensic laboratories etc.; (c) working of courts at various levels; (d) knowledge of accounts and civil service rules; and (e) judicial ethics.
There was a strong suggestion that training for adequate computer proficiency should be provided if necessary for two or three months to be able to master information technology.
The curriculum should have a core content which is immediately needed by the trainees and a broader content on which ideas may be given for self study and development.
(2) Three-step Process of Training and its Relevance :
There was overwhelming support for the three-step concept in the training of fresh recruits ie. initial 6 months of course work at the academy, next 3 months of field work and final 3 months again at the academy to round up the work assignments and remaining part of course requirements mainly based on practical skills and court management.
There was an opinion that the field placement should be of longer duration and class room studies reduced. Another suggestion was to divide the training period into foundation course and professional orientation, the former to be completed in 3 to 4 months and the rest to be devoted to the work he should be doing as a judge; namely, judgment writing, court management etc.
The introductory course for people in service (on promotion to a higher cadre) should be of one or two months only.
(3) List of Subjects and Credits :
Broadly there was support to the list of eighteen subjects to be taught in 6 months of training. Some suggested that segments IV and V may be shortened and kept for the last 3 months of training. There is need for greater weightage to be given to computer and information technology. Similarly C.P.C. and Cr.P.C., Law of Evidence and Rules of Court should occupy more time and attention.
There appears to be overlapping of subjects which should be avoided when learning modules are developed in each subject.
Weightage for subjects which are not of immediate use to judicial officers may substantially be reduced.
(4) Suggestions on Emphasis of Modules in different Subjects :
Thirty class hours for each subject are adequate to address the issues therein. However, in practice there may be need to increase the number of class hours in particular subjects and borrow it from other subjects. This is a matter to be adjusted by the Faculty and what is suggested here is to be taken for guidance only.
The course co-ordinator must prepare a lesson plan and a teaching plan keeping the expected outcomes from each subject and the course as a whole.
At the beginning of every course, the participants may be asked to list their needs and expectations from the training. Such suggestions may be given proper consideration in designing the teaching plan.
(5) Skills of Judging and Methods of Teaching them :
It was the opinion of a retired High Court Judge who has had a long career in the subordinate courts (Dr. Justice David Annoussamy from Pondicherry) that the training time should not be wasted in teaching substantive or procedural law. The selection test should be so devised to ensure adequate knowledge of the laws. Training should be on practical knowledge and skills only which should be taught through moot courts and mock trials. Training will be successful only if meritorious candidates alone are selected based on adequate knowledge of laws and procedure.
According to the Justice, there are six types of skills to be taught during training and examined at the end of it. These are :
(1) Comprehend the disputed matter to be able to frame charges and issues, not casually, but professionally. Materials should be given for that purpose with increasingly complicated exercises as the candidate proceeds in the training.
(2) Ability to detect admissibility and relevancy of evidence quickly and correctly to be able to conduct the trial according to law. An exercise for teaching this skill could be providing recorded evidence of past cases and asking them to remove inadmissible and irrelevant portions. They may be also asked to write down memorandum of substance of evidence from the full fledged record.
As conduct of trial includes asking questions by court and giving a finding on questions asked, it is desirable that trainees are given the charges/the issues, and the evidence recorded and are asked to formulate questions which could have been asked by the court.
(3) The third skill is to be able to receive intelligently the arguments advanced by both sides. If arguments are irrelevant and repetitive, judge should be able to seek clarification from advocates; otherwise they may face difficulties while writing judgments. To teach this skill, trainees may be asked to hear recorded arguments and write down their reactions indicating when and for what reasons they would have intervened if the arguments were advanced while they were presiding.
(4) The fourth skill according to the judge is capacity to analyze evidence according to the issues framed. Judges just summarise the evidence and jump on their conclusions on preponderance. Analysis requires a different, rational approach.
(5) The fifth skill is to gather the law, interpret it and decide on questions of law applicable.
(6) The final skill necessary is writing judgments without repetitions, unnecessary reproduction of documents, evidence, case law, statutory provisions etc. How to organize and respond to issues in such a manner as to satisfy the parties to the dispute (not keeping the appellate court or the media in mind).
An exercise which can help teach the skill is asking to write judgments on the basis of materials supplied and to remove what is removable in judgments already rendered.
Note : The views of Justice David Annoussamy give valuable insights for the trainers to organize the teaching of skills in simulated situations in the academies and in structuring the content of the knowledge-oriented courses in the training programme.
On the question of judicial skills, other respondents suggested that the essential skills for judges are cool temperament, patience, listening, good memory, control of court proceedings particularly on lawyers, without appearing biased, analytical ability, time management, judgment writing and human relations management.
Case study, role playing exercises and writing projects relevant to the skills are methods of teaching skills.
(6) Balancing Knowledge Component with Skills Component :
Respondents suggest a "judicious mix" in which the skill-based segment is given 60% time and space and knowledge segment 40% of time and attention.
It was suggested that in refresher courses and continuing education programmes, knowledge component may be given wider coverage while in induction training the skill component greater emphasis.
(7) Teaching of Judicial Ethics
While some felt that the subject can be taught in an integrated manner in every course/subject, the majority of respondents argued that it must be taught as an independent subject. Reputed and experienced judges can teach the subject through case studies, lecture discussions and role playing.
(8) Syllabus Development for Refresher Courses :
Many have suggested that new developments in law and practical problems in administration of justice should form the subject matter of refresher courses. They can occupy the role of remedial programmes for known deficiencies in the judicial system. Anyway these are to be reviewed and changed from time to time.
Judicial officers themselves may be asked to suggest themes for refresher courses from time to time.
(9) Coping with Needs of Individual Trainees :
Individualised attention is desirable in training. This is possible effectively only when the trainer-trainee ratio is high and the programme content is evolved on the basis of problems identified by trainees themselves.
There should be counselling and project assignments to help individual trainees. Remedial programmes to be introduced as and when needed for which bright and promising trainees may themselves be used.
Follow-up contacts through correspondence can help individuals to cope up with judicial work. Assistance through phone or personal visits is helpful.
Two or three trainees may be attached with each faculty member to offer individual guidance and interactive learning.
More discussions and small group exercises can promote solution of individual problems in learning.
(10) Continuing Education for Superior Court Judges :
The general opinion is that judges at all levels require training. Judicial conferences with pre-conference workshops are useful for continuing education of superior court judges. Short duration, week-end refresher courses are advisable for High Court judges.
13.5 JUDICIAL EDUCATION AROUND THE WORLD :
A SELECT SURVEY
13.5.1 Educating judges on judicial functions and training them on how to judge properly are relatively new ideas not yet accepted fully by the judicial fraternity. Some judges still believe that institutionalised training may interfere with judicial independence. Others resent the very notion of training in as much as it questions their capacity and competence. However, with the explosion in knowledges bearing on legal disputes and with the diversification of complex litigation, there has been increasing demand from many judges themselves for programmes of continuing education tailored to specific problems and needs. Today in some countries it has become mandatory for judicial personnel to get trained periodically. Even experienced judges have felt the need for examining their judicial skills and methods of work in the context of technological developments and specialised legal practice. In plural democratic societies the need is felt to identify possible biases in relation to minorities, caste groups and women vis-à-vis judicial attitudes and practices with a view to correct the distortions in the process of judging. The need for mandatory judicial education is now acknowledged throughout the world and many countries have evolved programmes for institutionalised judicial training institutes organized as part of the judicial establishment of the respective countries.
Judicial Studies Board of England and Wales :
13.5.2 In England the proposal for organized judicial training came from a working group appointed in 1975 under the Chairmanship of Lord Justice Bridge. The dislike of the word 'training' led to the nomenclature of "judicial studies" which came to be accepted in place of the then prevailing sentencing seminars. The Judicial Studies Board was created by the judges in 1978 with the initial object of reducing inconsistency in sentencing in criminal courts. Until 1985, the Board was concerned only with the criminal jurisdiction. Thereafter, its role was extended to the civil and family jurisdictions. The Board also
became responsible for supervising the training of Magistrates and members of tribunals.
13.5.3 The structure of the Judicial Studies Board comprises the Main Board, which is responsible for policy and planning and for all matters of general application, and four Committees for planning and organizing instructional seminars and providing the necessary material. In 1991 the Board established a fifth Committee to advise the Board and the other committees on the problems and concerns of Ethnic Minorities. The other four Committees are - the Criminal Committee for training those who sit in the Crown Court; the Civil and Family Committee to train judges who deal with these areas of work; the Magisterial Committee to train Magistrates and a Tribunals Committee to advise on training of those who serve on tribunals. There are sixteen members of the Main Board, of whom 10 are judges. There are 63 members of committees, of whom 20 are judges. The administration of the Board's activities is managed by the personnel of the Lord Chancellor's Department. The courses are run by the judges under their direct control despite the recommendation of the Bridges Committee to attach the programmes to an academic centre with a full-time Director of Studies. The Board reportedly has an annual budget of nearly 2 million pounds.
13.5.4 The Board's induction seminars last 3 to 4 days. There are four criminal induction seminars a year attended by an average of 120 lawyers, some of who have never even conducted a case in the criminal courts. First day is devoted to lectures on preparation and conduct of a trial. A mock trial in which the novice judges play different roles is the highlight of the second day. A real judge presides over the trial. Actual cases are used in mock trial and the trainees learn how to manage a trial. In the third day they will receive lectures from academics, probation officers, prison officials etc. The rest of the course is devoted to sentencing exercises. Much of the work is now done in groups of five or six pupils, each with its own tutor judge.
As homework, the trainees are given examples of real cases and asked what sentences they would impose. These are marked and compared with the actual sentences given by the Court of Appeal. Thereafter the trainee judges are attached with an experienced judge for a week or two before they are permitted to sit in the Crown Court. Many persons feel that even after four days of intensive training, they are not well prepared to sit in the regular courts.
13.5.5 The newly appointed judge usually begins his judicial career sitting in the court where he gained his work experience. There is always a more senior judge sitting in a nearby court; if anything goes wrong the new judges are told to adjourn the case immediately so that they can seek the advice of the senior judge. They can also telephone the Court of Appeal and ask the Registrar for instant advice on what to do next. After sitting for five years, these judges get another 3 or 4 days' refresher course for each subject area in which they are involved - crime, civil actions and family work.
13.5.6 There are no residential training courses for High Court judges or judges of Court of Appeal. They do attend occasional evening seminars to learn about developing areas of law. Sometimes they attend one day seminars on important new legislations.
13.5.7 The Board's committees use the services of law professors, practising lawyers and experts from other professions to lecture at the seminars. Otherwise, the major part of the course is to be conducted by the committees themselves. This work involves the selection of subjects, selection of speakers, selection of reading materials, selection of material for practical exercises and writing the publications of the Board. In association with the Open University, the Board has brought out training packages for Magistrate's training.
Judicial Education in the United States of America :
13.5.8 Judicial education in America is perhaps the best organized and most advanced in the whole world. Started in early 1960s as part of judicial conferences, the training seminars became popular and in great demand among trial judges. With a grant from a private Foundation, the American Bar Association with the involvement of the National Conference of State Trial Judges established in 1964 the National Judicial College. Starting with modest curriculum and an enrolment of a couple of hundred judges, by the mid 1970s, the National Judicial College began presenting 40 to 50 courses each year attracting over 1800 judges annually. Several extension programmes are additionally organized. The College, a non-profit educational corporation, is located on the campus of the University of Nevada, Reno since 1965. The College is governed by a board of trustees chosen by the American Bar Association Board of Governors. The Board of Trustees sets general college policy and chooses the Dean, who serves as the chief executive officer of the college. With an operating budget of about $4.5 million annually, the college is funded by a combination of tuition, gifts and grants from alumni, corporations and foundations and the income from $10 million endowment that the college has raised. In addition to the resident courses in Reno, the college conducts a number of State and regional programmes as well as special programmes for judges from foreign countries. The college offers in co-operation with the University of Nevada, a Master of Judicial Studies degree programme.
13.5.9 There are half a dozen other judicial training centres in America, each with specialisation in selected branches of law and judicial administration. Most of the training of federal judges is conducted by the Federal Judicial Centre in Washington D.C. which operates under the direction of the Judicial Conference of the United States. It is established by statute by the Congress and is funded by it. It is managed by an eight member board of which the Chief Justice of U.S.A. is the ex-officio chairman. Its mandate is to improve judicial administration in U.S. courts which it does through training of judges and various staff members. It has a large collection of training literature including video programmes.
13.5.10 After the success of the National Judicial College, several of the larger States became interested in having their own judicial education programmes. The California Centre for Judicial Education and Research (CJER) is one such centre for the California judges. It prepares judge's Bench Books and other educational materials. It arranges training courses to enhance judicial performance and conducts research on the subject.
13.5.11 The State judicial education officers, joined by some representatives of the national organizations, founded in 1975 the National Association of State Judicial Education (NASJE) which acts as a clearing house for the State programmes, programme materials, faculty suggestions and curriculum development. In their annual conferences they discuss innovative programmes conducted in State centres and thus help promote the cause of judicial education.
13.5.12 The Institute for Court Management in Denver, Colorado is the training arm of the National Centre for State Courts for training court administrators. The American Academy of Judicial Education, originally founded by the American Judges Association and now an independent non-profit corporation located in Alabama provides education conferences and seminars for judges in different locations around the country. It has been particularly active in providing training for judges before they begin their judicial career. Since 1980, the University of Virginia Law School at Charlottesville, in association with the Appellate Judges Conferences offers an LL.M. degree programme restricted to 30 judges.
Judicial Education in Countries of the Commonwealth :
13.5.13 In a survey on Judicial Education in the Commonwealth presented at the Commonwealth Magistrates' and Judges' Association Conference in 1994, The Hon. Judge Sandra E. Oxner, the then President of CMJA divided the judicial education programmes existing in Commonwealth countries into three categories. The first category consisting of Canada, Malaysia, Nigeria, India, Pakistan, Bangladesh and Sri Lanka do have formally established judicial education institutes though some of them are not still fully operational. The second category includes countries which have a committee or board that administers continuing education programmes for judges on an ad hoc basis. Australia, England and Wales and New Zealand are in this category because of their structure though they do have sophistication in their programmes and services. Several countries in Africa, Hong Kong and Singapore belong to this category. The third group do not have even such ad hoc programmes of judicial education. It is interesting to note that by and large whatever exists by way of judicial education in the Commonwealth are programmes organized by judges, managed by judges and offered to judges.
(The information summarised below is drawn from the paper presented by Judge Oxner at the Commonwealth Magistrates' and Judges' Association Conference at Victoria Falls, Zimbabwe in August 1994).
13.5.14 Canada had judicial education in vogue by the nineteen seventies. This included residential orientation programmes for newly appointed judges and refresher courses for judges in service. All programmes had focus on sentencing and developments in law. The Canadian Association of Provincial Court Judges (CAPCJ) organizes ten day residential programmes for newly appointed judges and residential regional provincial court programmes. Today these courses specialise in sensitivity training, judicial ethics, judgment writing etc.
Despite the above initiatives, in 1985 the Stevenson Committee Report found that 40 per cent of Canadian judges never took a course during their judicial career. The recommended solution was the establishment of the National Judicial Institute which got set up in 1986. It is a research and educational organization for all Canadian judges. Its mandate is "to foster a high standard of judicial performance by programmes that stimulate professional and personal growth, and to engender a high level of social awareness, ethical sensitivity and pride in excellence".
13.5.15 A very significant contribution of the National Judicial Institute of Canada for the programme of judicial education every where is the publication after two years of research and consultation a series of minimum standards in organizing judicial education. The study emphasised that judicial education is essential to enhance the fair and efficient administration of justice and that an organizational and individual commitment to judicial education must be made. According to these Standards -
(a) the Goals for judicial education are (1) to bring about an awareness by judges that education immediately after appointment and, on a regular basis throughout their judicial careers is necessary for maintaining and enhancing essential competence, personal growth and social awareness; (2) to provide the public with information on judicial education in order to get recognition of the need to make time and resources available for this purpose; and (3) to create standards for judicial education, both at national and local levels.
(b) the Objectives to be achieved include (1) providing judges with knowledge, skills, techniques and awareness required to perform judicial responsibilities fairly, correctly and efficiently; (2) to improve through education the administration of justice, including fair and efficient management of trials and the reduction of court delay; and (3) to promote each judge's commitment to the highest standards of personal growth, official conduct and social awareness.
(c) the Structure of judicial education to include ten days of intensive education at the time of appointment and ten days of continuing education every calendar year thereafter. These programmes should include a balance among the areas of substantive law, skills training and current social issues. Topics to be studied include evidence, procedure, sentencing, family violence, judicial ethics, media relations, cross cultural issues, judgment writing, case flow management, gender bias, tribal issues, computer courses for judges and designing strategies for implementing change in the courts.
(d) the Faculty should consist primarily of judges with expertise in the subject matter and who are capable of preparing and presenting educational materials effectively. Law Professors, lawyers and people with special expertise are also to be utilised where their expertise are needed.
The NJI is governed by a Board of judges representing all courts chaired by the Chief Justice of Canada and includes two lay members.
13.5.16 Australia has a Judicial Commission in New South Wales established in 1986 which provides education and technical assistance to the judiciary in New South Wales which, incidentally has more judges than the rest of Australia put together. The three major functions of the Commission are to assist the Courts to achieve uniformity in sentencing, to organize and supervise a scheme of continuing judicial education and to examine complaints against judicial officers. In addition to presenting seminars and conferences ranging from induction courses for new appointees to specialists conferences on specific aspects of law, procedure and judicial skills, the Commission publishes monthly The Judicial Officers Bulletin with information of interest to judges. It maintains a fairly up to date sentencing data base. Nearly all New South Wales magistrates undergo a three week induction programme, a voluntary judicial education programme in the Magistrates' Courts and are expected to devote five days a year to judicial education. The curriculum includes study of judicial attitudes in decision making on key issues and broader understanding of social problems, computer training and advanced court management.
13.5.17 The Australian Institute of Judicial Administration is another educational and research institute affiliated to the University of Melbourne. Its object is to conduct programmes of continuing education for judges, magistrates, officers of courts, lawyers and law professors. The AIJA provides conferences, seminars and workshops in which judicial officers, among others can participate. The subjects covered include use of technology in courts, computer use and sentencing. There is no course offered on substantive law. In 1997 in association with the Judicial Commission of New South Wales, the AIJA offered a week-long residential judicial orientation programme for new judges. The first day consisted of two sessions of lectures by senior sitting judges on (a) the Role of the Judge and (b) Becoming a Judge. The second day had a series of small group workshops on (a) trial management and (b) ADR. The third day included lecture-cum-discussion on topics such as (a) Financial Statements Partially Demystified, (b) Using Computers as a Research and a Management Tool, (c) Assessing the Credit of Witnesses, and (d) Issues Relating to Migrants, Interpreters and Multiculturalism. The fourth day was entirely devoted to Courtroom Issues such as contempt in the face of the court, disqualification for bias, ethical issues arising in a courtroom setting and unrepresented litigants. The fifth day of the programme had four sessions one each on (a) Sentencing, Civil Damages and Gender Awareness, (b) sentencing practice sessions and damages determination sessions, (c) judgment writing, and (d) problems in evidence. The final day was devoted to a session on courtroom communication and judicial intervention and court-media relations.
13.5.18 In most European countries, judicial appointments are based on a career judiciary after completing basic legal education. The arrangements for judicial training therefore focus on the additional courses for prospective judges, and judicial appointment is conditional upon successful completion of the programme. Thus, in France, judges who are recruited directly after university education undergo a two-year course under the direction of the Ecole Nationale de la Magistrature. The first part of the course consists of full-time formal training and the second part of service as a clerk to the local judges in a lower court. There are also opportunities in a further four months' training to study and work in a variety of institutions concerned with law and administration, in public and private companies and to undertake research. Italy and Belgium follow similar judicial education programmes.
13.5.19 The German system provides a unified training for the bar and judiciary. Judges are chosen from those who must distinguish themselves on the programme. Training lasts five and half years and includes study in courts and tribunals and with firms of lawyers. In Scandinavian countries prospective judges have a "judicial apprenticeship" under a judge as a clerk or assistant.
Lessons Judicial Education Programmes Convey :
13.5.20 There are few issues which emerge from consideration of judicial education programmes functioning in different countries which are relevant for structuring the training in India. There is absolutely no doubt that judicial education and training are indispensable for better judicial administration. There is also no doubt that there must be organizational and individual commitment from the side of judges to the need for such education in order to justify the utilisation of time and resources. Furthermore, it is desirable and necessary to keep the control of such training with the judiciary lest there should arise possibilities of jeopardizing judicial independence through executive influence. At the same time judicial education and training are too complex for judges alone to organize and administer. Judges may not have sufficient knowledge of their own weaknesses and of education techniques to deliver effective programmes. As Judge Oxner said : "while judicial control over curriculum cannot be decried, a mechanism that funnels to the judges the public and professional perceptions of weaknesses in the judiciary is important to ensure these issues are before the curriculum committee -. Another technique to counteract judicial insularity is to add to the judicial institute structure advisory groups on topics of special interest - family violence, tribal rights, gender bias, human rights issues etc."
13.5.21 Many of the problems revealed in the role of a judge are responded to by the curriculum of many of the programmes offered in judicial education. Starting with sentencing and updating of laws, judicial education curriculum moved into computer programme for judges, human rights issues, judicial ethics, judgment writing, conduct on and off Bench, media relations, case flow management, contemporary social problems and technological advances (particularly in medicine and health). A curriculum committee must be prepared to continuously justify the choice of topics in successive programmes.
13.5.22 Besides educational programmes, judicial education centres need to develop self-study materials as well as audio and video tapes to supplement judicial libraries. Information packages of printed orientation material, bench books and standardized judicial materials are useful and inexpensive tools in judicial education.
There is need for constant evaluation of the programmes in terms of objects, content, materials, method and impact.
Continuing Judicial Education :
13.5.23 For organizing continuing judicial education, the principles and standards promulgated by the National Association of State Judicial Educators, U.S.A. are of great value. They suggest instruction in five major areas :
(a) Legal Ability : updates on law, court rules and court procedures; in depth analysis of complex legal issues; examination of judicial decision-making practices and philosophies; and effective opinion writing through identification, analysis and clarity in expressing legal issues, reasoning and conclusions.
(b) Comportment and Demeanour : judicial code of conduct; fostering fairness through the recognition and elimination of bias or prejudice; cultural awareness; decisiveness; and judicial temperament.
(c) Judicial Management Skills : case management; effective trial and jury management; settlement skills; personnel management; skills to cope with the growth of litigation and the increasing complexity of legal issues and proceedings; and, when appropriate, court system planning administration.
(d) Contemporary and Inter disciplinary Issues : updates on scientific and behavioural sciences relevant to any judicial practice; knowledge of contemporary social issues; and the law and humanitics.
(e) Personal Development : revitalisation and re-dedication to public service; awareness of the need to maintain high levels of personal well being; and stress management.
13.5.24 There are however a number of new initiatives setting different trends in judicial education. One such trend is to organize judicial education on important subject matter thrown up by major changes in legislations, land mark judicial decisions or social upheavals. Family violence, drug problem, child abuse etc. provide such subject-matter trends influencing judicial education programmes.
The increased awareness of human rights and social demand for fair deal from courts irrespective of gender, race etc. create need for another organizing principle for judicial education. The programmes thus evolved are designed to promote a change in judge behaviour in interaction with parties, victims, witnesses and attorneys.
13.5.25 Finally, an issue of considerable significance conveyed by experiments in judicial education is the need to train judicial education faculty. The principle that judges teach judges is unexceptionable; but judges have to be trained to do the teaching. For this Faculty Development programmes are to be introduced incorporating better understanding of adult education principles and appropriate instructional methods. Topics for such programmes would include : characteristics of the adult learner, assessing learner needs, developing learning objectives, structuring a course, participatory learning techniques, and evaluating learning. Typically, such a programme allows the participants an opportunity to practice applying the principles they have learned. They might make a short presentation which would be videotaped and then critique by their peers and evaluated by an expert in adult education.
There is a wealth of knowledge and experience in developing judicial education programmes already available in many countries, particularly the United States of America. Co-operation and exchange among the institutions involved in different countries can do a great deal to advance the cause and the process of educating the judges of the future.
13.6 JUDICIAL TRAINING SCHEMES IN INDIA
13.6.1 It is often said that an institution is only as good as the people who operate it. The level of motivation and leadership, the degree of competence and professionalism and the clarity of purpose and methods which the judges display make the judicial system perform to its optimum efficiency. Judicial officers, undeniably are the key figures in determining the quantity and quality of output which the public gets as justice out of litigation in courts. Any investment in updating their knowledge and skills will be doubly repaid in the delivery of justice and in the efficiency of judicial administration.
13.6.2 Despite realising its importance and the repeated recommendations from several committees and commissions, pre-service institutional training for new entrants to judicial service had not received the attention it deserved from the High Courts and the Government till recently. A few years' practice at the Bar or few days' attachment with a senior judge perhaps was deemed adequate to preside over courts to which one is appointed! The All India Conference of Chief Justices in 1983 adopted a resolution asking the Government to set up regional training institutes in the four regions of the country for training of members of the subordinate judiciary. It was suggested that eminent professors, lawyers, judges and jurists could be invited to deliver lectures on various topics of relevance on law and other related subjects. Perhaps it was for the first time that the Chief Justices recognized the need for a broader training for subordinate judges and welcomed the introduction of people from outside the judicial fraternity for imparting training.
13.6.3 The status of training obtaining in the country is summarised by the Law Commission in its 117th Report on Training of Judicial Officers (1986). To quote ".. institutional training at present is being imparted only at the North-Eastern Judicial Officers Training Institute at Guwahati and Andhra Pradesh State Judicial Academy at Secunderabad. Broadly stated, the judicial officers taking training in these institutes have the benefit of a short-term pre-service training in the conduct of proceedings in the court and allied matters as also the management of office. No refresher course is being held at these Institutes with the result that the training begins and ends at the pre-service level and it is of a short duration ... At the U.P. Administrative Training Institute, Nainital, pre-service training of six to eight weeks is imparted to judicial officers. There are rules framed by the State of Orissa for an elaborate training programme. In the rest of the country, fresh recruits to judicial service are given a semblance of training by being directed to work with senior civil judges and/or district or sessions judges for an average duration of three to six months before actual posting is given" (117th Report, 1986 at p.6).
13.6.4 According to the Law Commission, training through attachment with courts of senior judges has an inbuilt disadvantage in so far as it sustains all past practices without challenge in disregard of the needs of contemporary times. Recognising the grossly inadequate facilities for training and acknowledging the continuing need for training of judicial officers, the 1985 Conference of Chief Justices, Chief Ministers and Law Ministers unanimously resolved to ask the Central Government to set up an academy with the Chief Justice of India as Chairman. A Governing body with Chief Justice of India as Chairman would determine the structure, faculty, courses and other aspects to provide pre and in-service training for judicial officers as also to identify places where branches of the academy could be set up.
13.6.5 Pursuant to this resolution, the then Chief Justice of India prepared and sent a blue print for the establishment of an academy which was eventually established as a Society registered under the Societies Registration Act, 1860. Though the National Judicial Academy was formally set up in 1994, it has not started training courses as yet. A massive campus is reportedly under construction in Bhopal where the academy is located. A retired Supreme Court Judge was appointed as Director General and a few officials deputed from the staff of the Supreme Court are overseeing the construction activities financed by the Central Government. The Society has a membership of twelve persons including five judges, two law academics and four Secretaries to Government of India. The Registrar General of the Supreme Court is the ex-officio Secretary of the Academy and the Chief Justice of India ex-officio Chairman. The Society meets once every year mainly to approve budget and authorise expenditure. Membership other than ex-officio members is by nomination by the Chairman. The Society has a Governing Council with Chief Justice as Chairman and Law Secretary, Expenditure Secretary, Registrar General and Director General as members.
Since the National Judicial Academy at Bhopal is still an institution-in-making and has not yet come out with its scheme of training there is little to reflect on its activities at present. Hopefully a first-rate national judicial training centre would emerge at Bhopal at least by the turn of the century.
13.6.6 An institution which came up in the recent past (1987) and got a reputation for organizing systematically training courses for subordinate judiciary is the Institute of Judicial Training & Research, U.P. located in Lucknow. The institute has its own campus with infra-structural facilities, a core faculty drawn from higher judicial service and a moderate library. It is under the administrative control of the Department of Law, Government of Uttar Pradesh. We will presently consider the curriculum prescribed by the Institute for the trainees.
13.6.7 The North Eastern Judicial Officers' Training Institute, Guwahati
The Institute is perhaps one of the earliest institutions of its kind set up in early 1981 at Guwahati as a society registered under the Societies Registration Act with Chief Justice of Gauhati High Court as its Ex-officio Chairman. All the Law Ministers of the seven N.E. States are its members. The object of the Society is to provide training to Judicial Officers and also to train the ministerial officers in the subordinate courts. All the States, namely States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Arunachal Pradesh and Mizoram contribute annually to run the Institute. The Director of the Institute draws a fixed monthly honorarium. He is the seniormost Member of the State Judicial Service. Originally the post was held by a retired Judge of the High Court. There are two Professors who are former District & Sessions Judges on a monthly remuneration of Rs.3500/-. The Secretary of the Institute is a retired Deputy Registrar of the Gauhati High Court with the remuneration of Rs.2500/-. They are supplemented by the ministerial staff.
Two types of training courses are offered. The foundation course for three months for Munsiffs and Judicial Magistrates. The refresher course of one month for officers of the rank of Additional and Assistant District and Sessions Judges and to Officers to be promoted to such cadre.
Subjects for Foundation Courses :
1) Utility of procedural laws in administration of justice.
2) Prevention of misuse of procedural laws.
3) Broad principles of law of Evidence on problem which may arise during a trial.
4) Role of the Court / Judicial Officer in
(a) framing issues / charges
(b) recording of evidence
(c) examination of accused u/s 313 Cr.P.C.
(d) hearing arguments.
Subjects for Refresher Courses :
1) Principles governing award of compensation in Land Acquisition cases.
2) Compensation to be awarded in Motor Accident Claims cases - Insurers liability.
3) Appellate court powers -
a) civil appeals
b) criminal appeals
4) Updating knowledge of case law.
5) Art of writing judgment in an appeal.
Institute also imparts training on Court Management to Judicial Officers like adjournment of judicial work, Management of Interlocutory proceedings, Management of Pre-trial stage, and cases to be referred to Lok Adalath. These are on the judicial side. The Judicial Officers are given training on the Court administration like periodical inspection of prescribed registers and records, management of the copying section and process section, maintenance of discipline over staff, accounts and financial matters etc. Training is also imparted on certain laws which are coming to day-to-day application in the judicial process.
13.6.8 The Andhra Pradesh Judicial Academy, Secunderabad
The Academy is one of the recent additions in the list of judicial training institutions in the country. Started in 1991, with Chief Justice of the Andhra Pradesh High Court as the Chief Patron and all the other Judges of the High Court are Patrons. A Judge of the High Court nominated by the Chief Justice would become the President and such other Judges of the High Court nominated by the Chief Justice would be the Members of the Board of Governors of the Academy. The Academy is headed by a Director - a District & Sessions Judge Grade-I who is assisted by an Additional Director and Senior Faculty Member of District & Sessions Judge Grade-II. The Deputy Director is of the cadre of Civil Judge (Sr.Div.) and Assistant Director is of the cadre of Civil Judge (Jr.Div.).
The Academy provides foundation course of two months for direct recruits of District Judges on subjects like administrative and financial aspects, disciplinary proceedings, forensic science and medicine, all branches of law, court management and supervision of subordinate courts. There is also a course on advance study of Forensic Science and Forensic Medicine for District Judges, Sub Judges and Munsiff Magistrates. The curriculum covers all relevant branches of Forensic Science and Forensic Medicine with practical demonstrations and exercises at scientific and medical institutions. This will be for two weeks duration.
The Academy also conducts orientation course for Subordinate/Assistant Sessions Judges soon after their promotion from the cadre of Civil Judge (Jr.Div.) on the subjects like Land Acquisition, Arbitration, Insolvancy, Marriages, Elections, Civil Appeals, Sessions Cases, Offences tried by Assistant Sessions Judges, Forensic Medicine, Suits and Interlocutory proceedings, administrative rules and procedures etc. This course will be for two weeks.
The Academy further provides refresher course for Civil Judge (Jr.Div.) in Substantive, Procedural and Evidentiary laws of Civil and Criminal branches and Court Administration. This will be for three weeks.
The Academy conducts specialised workshops on Court Management for the ministerial staff of the Courts in Rules, Circular order and instructions of the High Court and Government on judicial and administrative matters. Checking of civil proceedings, Maintenance of civil registers, checking of criminal proceedings, Maintenance of Criminal registers etc. This course will be for one week. Besides, training is also imparted on financial and accounts management for one week.
The Academy started giving training on conduct and discipline for officers of the High Court for about one week.
The eminent personalities and former Judges of the Supreme Court and High Courts are regularly invited for giving lectures to Judicial Officers and other legal personnel. Seminars, Symposiums and Workshops on various Court related subjects are also periodically conducted.
The Academy has to its credit certain publications containing articles and speeches of eminent judges.
13.6.9 Madhya Pradesh Judicial Officers' Training Institute
This Institute commenced functioning from 1994. It is yet to prepare specific syllabus for training. But, generally it conducts some programmes for Judicial Officers on particular subjects and topics. It has a Director, Additional Director, Administrative Officer and other ministerial staff. The Chief Justice of the Madhya Pradesh High Court would appoint any serving District Judge as the Director and any Member of the Civil Judge (Sr. Div.) as Additional Director and Administrative Officer. The Institute has a separate building and hostel. The Institute conducts foundation course for Civil Judges (Jr. Div.) for nearly one month in the training Institute and further one month's training in the District Headquarters under the guidance of the District Judge. The trainee judge may be either first called to the Training Institute or may be first posted in the District Headquarters and then called for the Institute for the institutional training. The training in the District Headquarters covers Court procedure, financial matters sitting along with the Senior Judges and visiting to local Police Station to acquaint oneself regarding how FIR is recorded, crimes are registered, case diaries and general diaries are written etc.
13.6.10 Gujarat State Judicial Academy
This is one more addition to the list of training for Judicial Officers. The Chief Justice will be the Chief Patron of the Academy and all the Judges of the High Court could be Patrons of this Academy.
The Chief Justice would nominate a Judge of the High Court of Gujarat as President and such Judges as Members of the Board to administer the functioning of the Academy.
In further administration, the Academy would be headed by a Director appointed by the President of the Academy in consultation with the Chief Justice. He would be either a retired High Court Judge or a District Judge. Further, the Director is to be assisted by one Assistant Director. The Director is in the pay scale of Rs.8000/- while the Assistant Director is in the grade of Rs.3000-5000. They are assisted by a small supporting staff of six members.
The Academy conducts Foundation course to the newly recruited Civil Judges (Jr. Div.) and Judicial Magistrates First Class and organises Legal Workshops and Seminars throughout the State on various subjects on Law. The total duration of the said training to Civil Judges is of four months, out of which two months practical trainnig at the District Headquarters, i.e. place of posting and the remaining two months in the Academy. The Academy has no infrastructure. It runs the course at Sardar Patel Institute of Public Administration, Ahmedabad (SPIPA). The training at SPIPA, there are two parts, one is of listening to lectures and another is to visit Forensic Science Laboratory, Sabarmati Central Jail, Bureau of Handwriting and Finger Print and the High Court.
There are three parts in the Academy training:
FIRST PART
Basic Principles in the Administration of Justice
i) The function and duties of a Judge.
ii) Judicial approach.
iii) Standards of proper judicial conduct, maintenance of decency and decorum in court and behaviour with the members of the Bar and litigating public.
iv) Standards of judicial ethics.
v) Art of writing judgements. (Theory)
SECOND PART
Administration and Office Management
i) Control and Supervision
ii) Supervision and accuracy of returns.
iii) Knowledge regarding Government and High Court Circulars.
iv) Accounts and Financial matters.
v) Correspondence with superior courts.
vi) Civil Manual (Relevant Chapters).
vii) Criminal Manual (Relevant Chapters).
THIRD PART
Practice and Procedure in Court
A. Code of Civil Procedure
i) Jurisdiction of the court (pecuniary and territorial, Section 6 to 8 & 15 to 21-A C.P.C.)
ii) Stay of suit and res judicata (Sec.10 and 11 of C.P. Code)
iii) Party to suits and pleadings. (Plaint, Written Statement, set-off and Counter Claims). (Order I, II, VI, VII and VIII)
iv) Issue of summons, appearance of parties and consequence of non-appearance. (Section 27 to 32 & Order V & IX of CPC)
v) Admission, Examination of parties by the Court, Discovery and Inspection, (Order X, XI and XII of C.P. Code)
vi) Framing of issues (Order XIV of CPC)
vii) Adjournments (Order 17 XVII of CPC)
viii) Hearing of the Suits and Examination of the witnesses. (Order XVIII of CPC)
ix) Judgment and Decree, Interest & Costs. (Sections 33 to 35-B & Order XX, XX-A of C.P. Code)
x) Execution of Decree and Orders. (Sections 36 to 74 and Order XXI of C.P. Code)
xi) Effect of Death, Marriage and Insolvency of Parties on suits and proceedings. (Order XXII of CPC)
xii) Compromise and Withdrawal of the Suits. (Order XXIII of C.P. Code)
xiii) Suits by or against Government or Public Officers in their official capacity. (Sections 79 to 82 and Order XXVII of C.P. Code)
xiv) Suits by or against the Corporation or firms. (Order XXIX and Order XXX of C.P. Code)
xv) Suits by or against minor and persons of unsound mind. (Order XXXII of C.P. Code)
xvi) Suits by indigent person. (Order XXXIII of C.P. Code)
xvii) Suits relating to mortgage of immovable property. (Order XXXIV of C.P. Code)
xviii) Summary procedure in respect of certain suits. (Order XXXVII of C.P. Code)
xix) Attachment before the judgment and appointment of receiver (Order XXXVIII and XL of C.P. Code)
xx) Temporary injunctions and interlocutory orders. (Order XXXIX of C.P. Code)
xxi) Caveat and its rules. (Section 148-A of C.P. Code)
xxii) Inherent Powers of the Courts, amendment in judgment, decree of orders and general power to amend. (Section 151 to 153-A of C.P. Code)
xxiii) Appeals, Reference, Review and Revision.
xxiv) Relevant chapter of Civil Manual.
B. criminal Procedure Code
i) Constitution of Criminal Courts and offices. (Sections 6 to 25 Cr.P. Code)
ii) Information to the Police and their powers of investigation. (Sections 154 to 176 Cr.P.Code)
iii) Arrest, remand and detention of persons and bail. (Sections 41 to 60, 167 and 436 to 450 of Cr.P.C.)
iv) Search warrants. (Section 93 to 98 of Cr.P.C.)
v) Jurisdiction of the Criminal Court in the inquiry and trial. (Section 177 to 189 of Cr.P.C.)
vi) Condition requisite for initiation of proceedings. (Sections 190 to 199 of Cr.P. Code)
vii) Complaints to Magistrate and commencement of proceedings before Magistrate. (Sections 200 to 210 of Cr.P.Code)
viii) Form of charges and joinder of charges. (Sections 211 to 224 of Cr.P.Code)
ix) Trial of warrant and summons cases by Magistrate. (Sections 238 to 259 of Cr.P.Code)
x) Summary trials. (Sections 260 to 265 of Cr.P.C)
xi) Maintenance of wives, children and parents. (Sections 125 to 128 of Cr.P.Code)
xii) The Judgment. (Sections 353 to 365 of Cr.P.Code)
xiii) Execution, suspension, remition and commutation of sentence. (Sections 413 to 435 of Cr.P.Code)
xiv) Disposal of property. (Sections 451 to 459 of Criminal Procedure Code)
xv) Limitation for taking cognizance of certain offences. (Sections 467 to 473 of Cr.P.Code)
xvi) General provision as to inquiries and trials. (Sections 300 to 327 of Cr.P.Code)
C. Indian Evidence Act
i) The Law relating to relevancy of facts. (Sections 5 to 55 of Evidence Act)
ii) Facts which need not be proved. (Sections 56 to 58)
iii) Proof of documents and documentary evidence. (Sections 61 to 90)
iv) Exclusion of oral evidence by documentary evidence. (Sections 91 to 100)
v) Burden of Proof. (Sections 101 to 114)
vi) Estoppel. (Sections 115, 116 and 117)
vii) Examination of witnesses. (Sections 118 to 165)
D. Indian Penal Code
i) General Explanation.
ii) Various kinds of punishment including imposition of fine.
iii) Common intention, Common object, abatement and Criminal conspiracy.
iv) Offences relating to Army, Navy and Air Force.
v) Offences against the State.
vi) Offences against the public tranquility and public order.
vii) Offences relating to giving false evidence against public justice.
viii) Offences relating to coin and Government stamps.
ix) Offences relating to Weight & Measures, Public health safety, Conveyance, Decency and Morals.
x) Offences affecting the human body and right of private defence.
xi) Offences against the property and right of private defence.
xii) Offences relating to documents and to private marks.
xiii) Offences relating to marriage.
xiv) Defamation.
xv) Offences relating to Criminal intimation, insult and annoyance.
xvi) General Exception.
xvii) Attempt to commit offences.
E. Miscellaneous
i) Limitation Act, 1963
ii) Suit valuation Act, 1887
iii) Stamp Act, 1899
iv) Selected social legislation like Factory Act, Standard of Weight & Measures Act, 1976, Water (Prevention and Control of Pollution) Act, 1974. Water (Prevention and Control of Pollution) Cess Act, 1977.
v) Human Anatomy - Muscle, Bones, and Injuries.
vi) Writing of judgment (practical).
Over and above, the Academy is holding the Legal Workshops and Seminars for the subordinate Judicial Officers at District Headquarters, normally once in two months. In the said Legal Workshop, participants have to prepare the paper on the Legal subjects given by the Academy and on the day of Legal Workshop they have to discuss the problem. Recently, the Academy has changed the procedure, now the academy is preparing the questionnaire on Legal subjects and every participant has to find out the probable solution to the said questions and at the time of Legal Workshop those questions are to be discussed. The aim of the Academy is that every Judge should be conversant with the latest Law on the point.
13.6.11 Judicial Officers Training Institute, Maharashtra, Nagpur :
This Institute has been set up in Nagpur with modest facilities for training Civil Judges, Judicial Magistrates and Additional District Judges for Foundation course and also for Refresher course. The Faculty consists of one Director and two posts of Joint Directors. The Director is in the scale of pay of Rs.18400-22400 with Special pay of Rs.800/-. The pay scale of the Joint Director is that of the cadre of the District Judge i.e. Rs.14300-18300, with the Special pay of Rs.800/-. There are as many as 32 supporting ministerial staff. The Institute has an attached hostel, library and indoor games facility and also for training in Yoga.
The following topics are selected to be included in the Course contents for the in-coming batch having regard to the common importance and relevancy for the said topics even while discharging judicial duties of the Court of Civil Judges (Sr. Dn.) and the Chief Judicial Magistrate.
Sl. No.
Subject
Days Allotted
No. of Lectures
1.
Norms of Behaviour for Judicial Officer
in relation to his Superiors, Subordinates, Bar members, Litigants, Members of the Public, Colleagues and other Officers.
4 days
12 Lectures
2.
Administrative work in Civil and Criminal Courts with reference to the instructions contained in Civil and Criminal Manual.
1 Week
15 Lectures
3.
Civil Proceedings with reference to provisions regarding Injunctions, Appointment of Receiver, Framing of Issues, Attachment before Judgement and the Appointment of Commissioner.
1 Week
15 Lectures
4.
Evidence Act; Relevancy of Facts, Admissibility, oral and Hearsay Evidence, Admissions and Confessions, Expert's opinion Taking Judicial Notice of a Fact, Documentary Evidence, Presumptions; Generally and about the Documents, Oral Evidence, Burden of Proof.
1 Week
15 Lectures
5.
Writing of Judgment : Civil and Criminal : Contents, Arts, Style, Purpose, Brevity etc.
1 Week
Lectures and Group discu-ssions totally 15 in numbers
6.
Darkhast Proceedings : Technicalities of Procedures, Speed and Importance, and Practical Aspects.
4 days
12 Lectures and Group discu-ssions
7.
A. Civil Laws : Special features of the Constitution of India with reference to Fundamental Rights and the Judiciary,
Law of Succession (Succession Cerficates, Wills and Probates), Partnership Act (Ss.17 and 49), Court Fees Act and Suits Valuation Acts, Limitation Act, Stamp Act, Interpretation of Statutes and Precedents.
B. Criminal Laws : Food Adultertion and Essential Commodities Act.
1 Week
15 Lectures
8.
Criminal Proceedings with reference to Sessions Trials, Grant of Bail, Important Aspects of Liberty of Citizens, Framing of Charges, Recording of Plea and Examination of Accused, Recording of Evidence in Criminal Cases, Police Statements, Proof of Contradiction and Extent of their use, Disposal of Property and Sentence.
15 Sittings of Group discussions
9.
"Child Psychology" and "Child Welfare."
9 Lectures by Guest Speakers
10.
Speedy Disposals : Factors and Methods, Recommendations of Arrears Committee Report 1989-90, Conciliation Courts as alternative modes and forums for resolving disputes.
10 Sittings during Group Discussions
11.
Visit to the High Court
3 Days
(Time - 9 Lectures and 3 Group Discussions)
TRAINING PROGRAMME FOR THE
ADDITIONAL DISTRICT JUDGES
1) Norms of behaviour by Judicial Officers inside and outside the Court.
i) Behaviour with litigants and public while hearing the cases,
ii) Behaviour with the members of the Bar,
iii) Behaviour with subordinate staff,
iv) Behaviour with colleagues including District Judge,
v) Behaviour with Officers of other Departments such as Collector,
Superintendent of Police, Executive Engineer etc.
Training on this subject would include citing of instances and embarrassing situation if any, while dealing with the allotment of the quarters for the Judicial Officer, getting the plans and estimates sanctioned for construction of Court building and residential quarters etc.
2) Civil Proceedings :
Discussion by syndicate method on the following topics with leading cases thereon : -
i) Admission, first orders in Regular as well as in Miscellaneous Civil Appeals.
ii) Order 41 and particularly the provisions regarding additional evidence and additional documents, if any, at the appellate stage.
iii) Limitation Act, Guardian & Wards Act, Land Acquisition Act, Bombay Public Trust Act.
iv) Law relating to Trust-reading material : Tagore Law Lectures Latest Edn.
v) Sections 52 & 53 of the Transfer of Property Act, distinction between lease and licence connected aspects pertaining through reading materials; important decisions of the Supreme Court and Bombay High Court.
vi) Hindu Marriage Act, with reference to the provisions of divorce, maintenance, Hindu Succession Act, with particular reference to Sections 7, 8, 14 etc.
vii) Intra country adoptions, appointment of guardians, Specific Relief Act with Reference to the provisions regarding injunction u/order 39 C.P.C. Sections 34, 105, 120-A, 149, 300, 302, 304, 498-A, 307-A and Section 100 I.P.C. and general exceptions under the Penal Code, Section 313 Cr.P.C.
viii) Concept of 'Admission', 'Confessions' and related provisions under Sections 17 to 31, Section 32 of the Evidence Act, Circumstantial evidence, relevancy of facts under the Evidence Act and Sections 145, 146 Evidence Act.
3) Criminal Proceedings :
i) Admissions and first orders including Bail and Anticipatory Bail.
ii) Sessions Trial, Procedural aspects, charge etc.
iii) Important provisions of Indian Penal Code viz. Murder, Rape, Dacoity, Forgery, Unlawful assembly, Conspiracy, Criminal Breach of Trust etc.
iv) Prevention of Corruption Act.
v) Essential Commodities Act.
vi) N.D.P.S. Act.
vii) Atrocities on Women (Prevention Act).
viii) Sentencing and Victimology.
ix) T.A.D.A.
4) Evidence Act :
Recording of expert evidence including Forensic Science and Ballistic Sciences.
5) Administration :
i) Recruitment of the Staff, Departmental Examinations, Disciplinary enquiries, vis-a-vis Discipline and Conduct Rules.
ii) Budget of the District and Subordinate Courts.
iii) AC/DC Bills.
iv) Permanent Advance, Contingent expenditure, Office expenses etc.
v) Dead stock including purchase procedure, Finance rules, Treasury rules and Powers of the District Judge.
vi) Inspection and compliance of inspection notes, control over record room, judicial conference/District Judges' Conference, various returns including Annual Returns.
And; Some other subjects covering Constitution and Child Psychology.
13.6.12 The High Court of Kerala has set up in 1986 a Training Directorate with a committee of judges of the High Court to supervise its operations. Two Senior District Judges are working in the Directorate offering pre-service training to Munsiffs-Magistrates for over 6 months of which five weeks are devoted to practical training in courts, police stations and select administrative departments of government. The Directorate also conducts refresher courses for judicial officers for periods ranging from two days to one week at the High Court of Kerala. One day District level workshops for judicial officers of the area are also undertaken by the Kerala institute.
Reproduced below is the syllabus of training offered by the Directorate of Training, High Court of Kerala to the newly appointed Munsiffs-Magistrates over a period of ten weeks before they proceed for field assignments :
Statutory Training for Newly Appointed
Munsiffs-Magistrates
SYLLABUS
I. CIVIL
1. Independence of Judiciary; its relevance; responsibilities of the courts; status and duties of Judges.
2. Suits for injunctive and declaratory reliefs.
3. Stay of suits - when and why? General Principles.
4. Valuation for purpose of Court Fee and jurisdiction-Determination of market value.
5. Estoppel - Current Judicial Trends.
6. Recording and admissibility of evidence-duties of Court.
7. Principles of succession applicable to Christians.
8. Suits for partition-Matrimonial action.
9. Proof of Wills and other compulsorily attestable documents.
10. Res Judicata - Constructive res judicata - O.II R.2 - O.XXIII, R.1 C.P.C.
11. Suits by and against Government - By and against Corporations and firms.
12. Presumptions and burden of proof - in general and in particular cases.
13. Institution of suits - place of suing: sections 16 to 20 C.P.C.
14. Secondary Evidence - Exclusion of oral evidence.
15. Restitution - Extent of jurisdiction of the court.
16. Suits in ejectment; adverse possession; distinction between Articles 64 and 65 of the Limitation Act.
17. Resistance to execution - Obstruction; claim petitions.
18. Suits on Negotiable instruments.
19. Awarding damages - General Principles.
20. Lease and Mortgage - Lease and licence - Distinction - Pledge & Hypothecation.
21. Mortgages generally - Distinction between mortgage and Charge.
22. Important provisions of Small Causes Courts Act.
23. Section 5 of Limitation Act - Extent of Courts power - Exclusion of time - How and when - Sections 148, 149 C.P.C.
24. Sections 17 and 49 of the Registration Act - Effect of non-registration.
25. Kerala Buildings (Lease and Rent Control) Act - Eviction - General Principles.
26. Refund of Court Fee and impounding of documents.
27. Suit by and against minors - Interpleader suits.
28. Budgetting - Maintenane and verification of accounts - Contingent expenditure - P.F. Loans - Audit objections.
29. Disciplinary proceedings - Procedure enforcement of discipline.
30. Discovery, Inspection, Interrogatories - Principles and procedure.
31. Grant of temporary injunction - Principles - Stay order and injunction - Distinction.
32. Important provisions in the Stamp Act.
33. Notice - Actual and Constructive - Notice to quit.
34. Distinction between indemnity and guarantee - Revocation.
35. Decree and order - Power of the executing court.
36. Attachment before judgment - arrest before judgment.
37. Easements - Customary rights.
38. Compromise and withdrawal of suits; satisfaction of decree O.XXI R.2.
39. Attachment in execution - Court sale - setting aside sale.
40. Succession under Mithakshara Law - Marumakkathayam Law and Hindu Succession Act.
41. Alienation by guardian under Hindu Law and Mohammed Law.
42. How to write judgment in Civil Cases.
43. Benami transactions (Prohibition) Act, 1988.
44. Important provisions of K.L.R. Act.
45. Garnishee proceedings; attachment of decree and rateable distribution.
46. Contracts - Valid - Voidable and void effect.
47. Set off - Counter Claim - Effect of discontinuance of suit upon counter claim.
48. Joint tenancy and tenancy in common.
49. Costs - Compensatory costs - interests - General Principles.
50. Trial of suits - General Principles - Important provisions in the Civil Rules of practice.
51. Issue of summons-Substituted service; when and how effected-Related matters.
52. Arrest and Detention.
53. Suit by indigent person; Principles and procedure.
54. Framing of issues - Disposal of suit at the first hearing.
55. Transfer of decree; question to be determined by court executing the decree.
56. Breach of contract - Frustration.
57. Important provisions of K.S.R. and Financial Code.
58. General Clauses Act.
59. Survey - Cadastral and theodolite maps - survey and Boundaries Act.
60. Gift and Exchange - Transfer of actionable claim.
61. Frame of suit - Procedure in cases where there are numerous plaintiffs and defendants - Misjoinder and non-joinder of parties - Striking off parties and addition of parties.
62. Office management - Grant of leave and refusal - Curtailment and treatment of absence - Ministerial staff and their supervision.
63. Interpretation of statutes - General Principles.
64. Classification and preservation of records - Important High Court Circulars.
65. Suits for specific performance of contracts - powers and duties of courts.
66. Principles of succession under the Mohammedan Law.
67. Jurisdiction of courts; extent and scope - Objection to jurisdiction.
68. Appointment of receiver - Appointment of Commissioner.
69. Impleadment of L.Rs - Abatement of Suits - Condonation.
70. Part Performance - Lis Pendens - Effect.
71. Ammendment of Pleadings - Exercise of inherent power.
72. Suretyship - Surety-s liability and discharge.
73. Review - Enlargement of time - Caveat - Duties of the Court.
74. Interpretation of documents - General Principles.
75. Partnership suit - Dissolution of partnership suit on accounts and for accounts.
76. Legal disability in Limitation Act (Ss. 6 and 7).
77. Exclusion of time in legal proceedings (Ss. 12 and 14 to 17 of Limitation Act).
78. Effect of acknowledgement in writing and payment of limitation (Ss. 18 to 20 of Limitation Act).
79. Sale of Goods Act and Carriers Act.
80. Precedents.
II. CRIMINAL
1. Investigation of criminal cases - Principles - Extent of Court's power - Mahazar and seizure list.
2. Sentencing - Probation - Juvenile Delinquency.
3. Disposal of property - Confiscation principles.
4. Procedure in cases of accused suspected to be of unsound mind.
5. Section 125 Cr.P.C. - Muslim Women (Protection of rights on Divorce) Act.
6. Discharge and acquittal - General principles.
7. Trial of summons and warrant cases - Summary trials.
8. Medical evidence and expert evidence.
9. Section 27 of the Evidence Act.
10. Sections 145-155 - Section 162 and Section 165 Cr.P.C.
11. Search warrants - Search and Seizure.
12. Test identification parade - Trial of cases and counter-consolidation.
13. Taking cognizance - What it means - Power of court.
14. Compounding - Withdrawal - Section - Limitation.
15. Framing of charges - Joinder of charges - Questioning of accused.
16. Criminal Court management - High Court Circulars.
17. Appreciation of evidence - Circumstantial evidence.
18. Nature & Classification of injuries - Percentage.
19. Punishment - Maximum and minimum imprisonment for a term - termination set off; fine - Default - Recovery.
20. Evidence, relevance and admissibility.
21. Government servants conduct rules.
22. Issue and service of process - Execution - Absconding accused - Attendance of prisoners.
23. Recording of confession - Provisions in Crl. Rules of Practice.
24. Crl. Rules of Practice - Maintenance of registers - Calendar - Statements.
25. Limit of punishment for offences made up of several offences - Secs. 71,75 I.P.C. and Secs. 222-325 Cr.P.C.
26. Bail and remand.
27. Penal provisions of Customs Act.
28. Penal provisions of Kerala Police Act - Kerala Gaming Act - Prevention of Immoral Traffic Act.
29. Criminal Intimidation - insult and annoyance.
30. Penal provisions of Arms Act - Explosives Act and Explosive Substances Act.
31. Penal provisions of Forest Act.
32. Secs. 34, 120B and 149 I.P.C.
33. Important provisions of P.F.A. Act.
34. Abatement and attempt to commit offences.
35. Jurisdiction and power of criminal court.
36. Hurt and grievous hurt.
37. Theft and receiving stolen property.
38. Offences relating to administration of justice, practice and procedure.
39. Criminal misappropriation - Criminal breach of trust.
40. Prison Rules - Prisoners - identification of Prisoners Act.
41. Law relating to right of private defense; Scope and limit - other general exceptions in I.P.C. (Secs. 81-83, 85, 86 & 95).
42. Juvenile Justice Act - Borstal Schools Act.
43. Penal provisions of Abkari Act - Drugs Act - Narcotic Drugs and Psychotropic Substances Act.
44. General exceptions in I.P.C.
45. Criminal rashness and negligence connected with the provisions of M.V.Act - Res Ipsa Loquitor.
46. Offences relating to marriage and women.
47. Sections 200 to 293 Cr.P.C.
48. Who could prosecute, limitation, sanction.
49. Judgment, important aspects.
50. Preparation of judgment and decrees.
III. GENERAL
1. Environmental Law
2. Basic Principles of Human Behaviour
3. Child Behaviour.
4. Man Management.
5. Crime and mental illness, psychiatric criminology, treatment approaches in psychiatry.
6. Adolescence, its relevance and behavioural management, problem in marriage, crisis management and bringing up children.
7. Psychological testing - various aspects.
* Source : Directorate of Training, High Court of Kerala (1998).
13.6.13 There is no organized set up for judicial training in States like Bihar, Delhi, Jammu & Kashmir, Karnataka, Orissa, Punjab, Haryana, Himachal Pradesh, Tamilnadu, West Bengal and Union Territories where adhoc arrangements are made under the supervision of the High Court to offer orientation to newly recruited judicial officers. Orissa and Himachal Pradesh have evolved detailed plans to set up judicial training institutes though not much progress is made so far.
13.6.14 The scheme proposed as Foundation Course for judicial officers in certain States simply gives a long list of Statutes and rules as the syllabus of the course. One gets the impression reading the recommended syllabii for newly recruited judicial officers that what is intended is a modest attempt in the available time of training to make up the deficiencies in legal knowledge and that too in a superficial manner. This may be justified because of the poor quality of education obtaining in most law colleges of the country and the possibilities of obtaining a law degree without any serious study. One may recall in this context the difficulties encountered by various High Courts in filling up the reserved vacancies of Munsiffs-Magistrates despite there being large number of applicants with law degrees and the required period of legal practice experience! When the reserved vacancies increased in numbers, the recruiting authorities either succumbed to the pressure of filling up the posts with less qualified candidates or devised schemes to prepare them with crash programmes of legal education. With the assistance of the Karnataka Government, the National Law School of India University conducted two such mini-LL.B. courses for S.C./S.T. advocates with 4 to 7 years practice at the Bar to enable them to take the Munsiffs-Magistrates selection examination. The fact that over 50 per cent of such examinees could succeed in the final selection indicates that the deficiency they suffer from arises in the lack of opportunities to learn at the law colleges where they pursued the LL.B. Degree and at the Bar. This deficiency in legal knowledge in greater or lesser degree is shared by other law graduates as well who could not get the opportunity to learn in good teaching institutions of law.
13.6.15 The point for consideration in the present context is whether the time available for the pre-service induction training is to be spent for giving basic knowledge of various law subjects in which some recruits are indeed deficient. Such an approach will make the programme uninteresting and less rewarding to meritorious trainees who have had better education in good law colleges where they studied for their LL.B. Degree. This is a basic dilemma which training institutions face. Compounding the problem is the lack of adequate competence on the part of trainees in use of language, particularly English. The judicial training institutions, excepting perhaps one or two, are supposed to be imparting the training through the medium of English language. The materials are in English and most of the judges who address them can handle the subject only in English. A substantial section of trainees are said to be neither proficient in their mother tongue nor in English to be able to conduct legal transactions in that language which poses a serious hurdle for the training institutions. In the circumstances, it is worthwhile to examine whether the training period can be extended to one year in which the language and communication skills of the trainees can also be strengthened along with competence in law.
13.6.16 The methods of training are lectures and discussion for class room interactions and observation and participation in field assignments. There are weak attempts in role plays and simulation exercises for skills education in one or two training institutions. The infra-structural facilities and technical resources required for skills training are not available to the existing judicial training institutions.
13.6.17 Another drawback is the lack of a multi-discipline faculty. All the institutions uniformly keep Senior District Judges as faculty members. It is not clear whether they are sent to these institutions by the High Court because of their pronounced talents in teaching and training or because it was felt necessary to keep them away from the courts for different reasons involving tasks of administration of Justice. In any case very few of them stay long enough to put in their best to the cause of judicial training. The need for extra-inputs for proper judicial training is met by guest faculty who are liberally used by most institutions.
13.6.18 The course content of training offered to the members of the higher judicial service comprising of Additional District Judges by the Uttar Pradesh Institute of Judicial Training and Research is given below :
Institute of Judicial Training and Research, U.P.
Course Objective and Design
Objects : To help the participants acquire professionalism in judicial decision-making as Additional District Judges.
Course Content :
1. Behavioural Science.
2. Value based Programme.
3. Law of Precedents.
4. Basic feature of Constitution.
5. Govt. Service - General Conditions (fundamental rules).
6. Principles of Natural Justice.
7. Inherent Powers of Civil Courts.
8. Pitfalls to be avoided by Drawing & Disbursing Officer.
9. How to grant leave order payments of leave salaries & allowances etc. during leave period.
10. Arbitration & Conciliation Act (Old & New).
11. How to make miscellaneous advances.
12. How to grant annual increment and order fixation of E.B.
13. Bar of Jurisdiction of Civil Courts under various enactments.
14. How and when to sanction TA & LTC.
15. How to check the registers maintained by the Zarir of Civil Court.
16. Pleading & Issues
17. Stay & Injunction.
18. How to grant Retirement Benefits & Family Pension.
19. How to make store purchases.
20. Bail & Remand.
21. Judicial Discretion.
22. How and when to sanction G.P.F. Advance and G.I.S.
23. General Rules Civil & Criminal relating to Finance.
24. Sessions Trial.
25. How to frame charge.
26. Income Tax Rules - Salary.
27. Circular letters of High Court regarding Administration, Stores & Finance.
28. Criminal appeal & Revision - Scope.
29. Civil appeal & Revision - Scope
30. Sentencing.
31. Interpretation of Statutes.
32. General Clauses Act (Central)
33. General Clauses Act (State).
34. Consumer Protection Act.
35. Finger Prints Science.
Source : Mr. D.P. Varshney, H.J.S., Director, Institute of Judicial Training and Research, Lucknow (1998).
The time-table of the course spread over eight weeks includes sessions devoted to communication skills, management skills, stress control, service regulations, sentencing, judgement writing, interpretation of Statutes, medico-legal issues, Human Rights, exercises on trial of different types of offences etc. There is evidence of serious re-thinking in the scope of training programmes and attempt to overcome the deficiencies by addressing a number of issues formerly outside such courses. It will be interesting to assess the impact of such modified courses on the trainees and their behaviour in court.
13.6.19 Two other institutions which are actively though only occasionally involved in giving refresher courses for judicial officers at the national level are the Institute of Criminology and Forensic Science (ICFS) and the Indian Institute of Public Administration (IIPA), both located in New Delhi. The former conduct regular residential courses of two to three weeks for police and prison officials from various States. In some courses on criminal justice, they invite District and Sessions Judges as well as Chief Judicial Magistrates. These courses discuss common concerns in criminal process particularly on scientific evidence, sentencing, judiciary-executive inter face and co-ordination issues. The IIPA which regularly conducts courses for civil servants occasionally conducts specialised workshops for judicial officers involved in criminal justice, consumer courts, industrial tribunals etc. Because of relatively better infra-structural facilities and availability of a wider spectrum of subject experts who come as faculty, these courses are better organized and appreciated. Another advantage of courses organized by ICFS and IIPA is the joint participation of a mix of judicial and non-judicial officers who operate the legal and judicial system with different roles and responsibilities.
There is no follow-up activity nor impact assessment which tend to leave these workshops and training courses as ad hoc, unco-ordinated attempts directed at few individual actors rather than at the system as a whole.
13.6.20 Under support from the British Council and with the approval of the Chief Justice of India, the School of Law, University of Warwick in association with the National Law School of India initiated a series of gender sensitivitisation courses for judicial officers in 1995. Several batches of District Judges nominated by the Chief Justice underwent three-month long courses of which nearly two months were spent in England attending classes and visiting courts and training centres in that country. The "Gender and the Law" course was based on a need assessment survey and was designed to provide sophisticated approaches of training. The project has been continued for a second term of two more years after reports of its being found useful.
13.6.21 In spite of several efforts in organizing judicial education and training, the situation on the ground at the turn of the century is far from satisfactory. Perhaps there is no other department of government in which persons are inducted in highly skilled jobs with little or no training as the judiciary. With the setting up of the National Judicial Academy under the Chairmanship of the Chief Justice of India, hopes are now being raised of a revival of interest in a modern system of pre-service and continuing education to judicial officers at all levels.
13.7 JUDICIAL TRAINING AS JUDGES PERCEIVE IT
Towards a Wider Consultation :
13.7.1 The best persons to identify the training needs and to suggest the nature and scope of training programmes necessary are the judges themselves. Having seen the strengths and weaknesses of the system and having experienced the changing demands of office, judges can discern the gaps and inadequacies in existing systems of judicial education and possibly suggest changes for equipping them better. There may however be serious doubts on whether the prevalent systems of training and re-training even with some modifications can deliver the skills and competence required. In any case, for peaceful continuity and effective management of change, it is advisable to ascertain the perceptions of judges and involve them in planning the programmes of judicial education and training. This report therefore attaches great importance to the consultative method adopted in preparing this chapter.
13.7.2 It is necessary to explain briefly the method employed in assembling the views and comments of judges on the subject. Initially the consultant had few rounds of general discussion on the state of trial judiciary and the prospects of reform through judicial education and training. Several sitting and retired judges of both the trial and appellate judiciary shared their deep insights which gave a broad idea of the issues and perspectives for inquiry. Secondly, a survey of the reports of Law Commission, literature on judicial training elsewhere and documentation on training in some of the States in Indian Union provided information on various dimensions of a meaningful training programme. Thirdly, on the basis of the documents and expert comments received, a memorandum detailing the impressions and proposals was prepared. A questionnaire consisting of nearly 100 questions covering issues on concepts, strategies, organization, scope, trainers, curriculum, methods, materials and evaluation got prepared to accompany the memorandum for eliciting views of judges from all over the country. Nearly 200 judges, senior advocates and judicial organizations were selected to make a representative sample of the judicial establishment of each and every State in the country. The Chairman of the Judicial Pay Commission himself forwarded the Questionnaire and Memorandum with a covering letter impressing upon the respondents the importance of the exercise and seeking their individual and collective responses. Several respondents joined together and sent their considered views collectively on behalf of judicial associations, High Courts, training institutions etc. Over fifty questionnaires were duly returned which included several institutional and collective responses. What is contained in this chapter is an analytical summary gathered from these responses and reactions of the judicial fraternity of India.
A copy each of the Memorandum and the Questionnaire sent round for the survey are appended to this chapter of the report as Annexure I and Annexure II respectively.
13.7.3 It was the considered view of the Commission and the Consultant that this participatory exercise should be taken further into a consultative meeting of the judges and trainers who are interested and involved in judicial education and training. In pursuance of this, the draft report on the responses to the questionnaire along with the recommendations from the Consultant were placed before the consultative meeting of experts convened by the Commission in Bangalore on 12-13 December 1998. The idea was not only to seek critical feedback on the findings and recommendations before issues are finalised in the report, but also to establish as wide a consensus as possible amongst High Courts and judicial training institutions and judges' associations on the scheme proposed so that immediate, co-ordinated implementation is possible if the authorities so decide.
What follows is a faithful summary of the perceptions and comments of over a hundred sitting and retired judges on the questions relating to the nature, scope and method of judicial education and training. For clarity of analysis they are presented in six segments as they were asked in the questionnaire. The list of persons/institutions who have filed their responses is given in Annexure III to the report.
13.7.4 REPORT ON ANALYSIS OF RESPONSES TO THE QUESTIONNAIRE
I. CONCEPTS AND APPROACHES
(1) Goals of Judicial training
The goals of judicial training are :
(i) to inculcate self-confidence, loyalty and a judicial work culture;
(ii) to imbibe judicial ethics and standards of judicial conduct;
(iii) to sensitize them to the values and ethics of the Constitution;
(iv) to help improve performance in delivery of justice and in judicial administration;
(v) to enable updating of legal knowledge and to sensitize them on changing demands of the system;
(vi) to familiarise on the forces operating at the social, economic, political and administrative environment in which judges work;
(vii) to enhance their sense of idealism, humanism and social justice;
(viii) to develop analytical and communication skills and research and writing skills necessary for the job;
(ix) to impart skills of management of men and materials including computer technology, case flow and accounting techniques;
(x) to sensitize on gender issues, juvenile problems and social responsibilities;
(xi) to influence personality development on the lines of hard work, honesty, impartiality, public service, judicial dignity and respect for human rights;
(xii) to enhance capabilities in dealing with emerging, complicated areas of science and technology involved in litigation.
Note : The goals are different from objects which are specific to a particular programme or module of training. Goals are general and expected outcomes ultimately; whereas objects are to be achieved immediately at the end of a particular course. Goals lead to objects identification in particular training exercises.
Structuring the objects in a pointed, achievable manner is the task of a course co-ordinator who uses materials and methods selectively to achieve that purpose. Several such courses may together achieve the goals over a period of time.
Greater the clarity in goals and specificity in objects, the higher the chances of training succeeding in influencing behaviour of trainees.
(2) Difference between Education and Training
(a) Education is knowledge of theory and Training is about application of knowledge or learning of skills and techniques;
(b) Goals of the two are the same; objects are different - the object of education is enhancing knowledge level, whereas object of training is efficient discharge of duties;
(c) Judicial training requires "hands on", "on-the-job" learning; judicial education can be class-room based or through self-study;
(d) Judicial education is more foundational and orientational in content and concerns; it is built around precepts, knowledge, principles and theories to cover gaps and inadequacies in previous learning. Training is built on education and structured according to tasks;
(e) Judicial education is broader in concept and can include judicial training as well; the two are distinguishable on the basis of methodologies employed to impart learning;
(f) Education is overall knowledge; training is focussed, specialised and result-oriented;
(g) Education is a continuing process and is life-long; training is accomplished on basis of job requirements and performance goals;
(h) Training consumes more resources and requires constant refinement of aims and methods.
Note : The purpose of seeking the distinction between the two, is to give clear signals to the trainers on identification of objects, allocation of resources and employment of appropriate methodologies in different types of judicial training programmes. Even in the selection of the Faculty for the course, the relative weightage to be given to education and training should be known. Furthermore, it is easier to evaluate the impact if the educational objects are distinguished from the training objects.
(3) Existing Sources of Training
(i) State judicial academies or training directorates operated by the High Courts;
(ii) Partly from induction training course and mostly from experience;
(iii) Judges in many States do not have any opportunity for organized institutional training; they learn day-to-day tasks through attachment with senior and experienced judges for 3 to 6 months after initial recruitment; this is found to be too inadequate for independent and efficient functioning;
(iv) Some legal workshops and seminars periodically organized give some useful learning to judicial officers;
(v) College education, library, media and law reports do contribute to judicial learning;
(vi) In-service training is relatively unknown in most States and the High Courts do not seem to be keen on it;
(vii) Judges are left to fend for themselves and learn through trial and error and possibly from the profession practising before them;
(viii) Previous practice at the Bar is another source of education and training in judging too.
Note : It is refreshing to find that judges do realise the importance of training as they experienced difficulties in judging in the absence of proper training. The judicial authorities, however, do not seem to realise the extent of low productivity, miscarriage of justice and avoidable appeals and revisions preferred in the system. In the absence of research data, such issues are neither raised nor responded adequately. Good training schemes alone will demonstrate what training can achieve in the cause of justice.
(4) Inadequacies in Existing Training :
(a) Most States have no training scheme nor training institutions;
(b) No proper continuing education programme at State or national level;
(c) People are sent for training at the fag end of their service;
(d) Because of shortage of judges, training periods are reduced or training avoided altogether;
(e) The available schemes are neither scientifically organized nor based on experience;
(f) All judicial officers are unlikely to benefit from uniform training; therefore it must be selective and need-based;
(g) Most schemes are totally inadequate to enhance judicial capabilities and much less on judicial skills;
(h) Most schemes have no written test or examination to assess the impact of training;
(i) Schemes are ad hoc exercises with no thrust on specialisation and not linked to specific needs of the work assigned;
(j) Training is not participatory and no inter-active learning procedures adopted;
(k) Organization does not give priority or weightage to participation in training;
(l) The curriculum is not scientifically evolved nor is it periodically revised;
(m) Because of resource constraints, funds are not allocated for judicial training;
(n) There is no training on change of jobs or on promotion;
(o) There is no proper infra-structure for judicial training;
(p) Training not taken seriously either by the trainers or by the trainees;
(q) There is total absence of competent trainers who are skilled on the job;
(r) Some of the programmes are too localised and are not standardized to serve larger goals;
(s) Objects of specific training programmes are not clearly formulated or communicated;
(t) Rhetorical lectures and exaggerated sermons from the so-called visiting dignitaries do not inspire learning;
(u) Properly supervised attachment with efficient judicial personnel can train a great deal; but it is rarely done as the senior has neither time nor motivation;
(v) Lack of trained permanent core teaching facility in training establishments is a serious handicap;
(w) Poor performance at training has no effect on career;
(x) Training in appreciation of scientific evidence and in innovative approaches in judging is non-existent or superficial;
(y) Above all, independent, well meaning initiatives by subordinate judges are looked down upon and are not encouraged.
Note : A surprisingly large number of adverse comments have been given by the judges on existing programmes. As such, the existing schemes need to be radically changed if the resources spent has to give returns.
(5) Need for In-Service Training
All the respondents were emphatic on the need for continued training to officers in service. Induction training has certain limited objects with a view to guide the new comers in the new office. There is need for periodical training to every judicial officer at all levels upto Additional District Judge. After every promotion a training programme has to be provided.
Thus, every judge is of the view that like induction training, continued in-service training is essential and is to be provided at every promotion and at periodic intervals.
(6) What are the objects of in-service training ?
In contra-distinction to induction training, the following specific objects were suggested for the different types of continuing education and training :
(i) Updating knowledge of law and practice in selected areas;
(ii) Improving skills of court and time management;
(iii) Induction of new ideas and experiences to tackle changing tasks;
(iv) Improving work culture and developing judicial balance to problems;
(v) Sorting out angularities and prejudices;
(vi) Preparing for higher judicial responsibilities;
(vii) Identifying weaknesses and correcting them;
(viii) Sharing experiences among the judicial fraternity;
(ix) Increasing efficiency and accountability;
(x) Understanding the nature and scope of new jurisdictions and powers;
(xi) Testing the abilities and skills in comparative situations;
(xii) Learning the management of stress and crisis situations;
(xiii) Interact with leaders of other professions who have insights to contribute on role of judiciary in responsible governance;
(xiv) Think collectively on maladies like delay, access, cost, difficulties of litigants, bar-bench relations etc.;
(xv) Strategies for improving working conditions and increasing productivity of judges.
(7) Poor Quality LL.B. Education : Can Induction Training Correct it ?
Responses were mixed to the issue raised in the question and there was doubt about the capacity of initial training filling the gaps in earlier legal education. Majority favoured strict and rigid standards in the selection itself so that those who do not have adequate knowledge do not get recruited to the judiciary. In any case even the best of law colleges, they argued, cannot give the type of training required for judiciary. Several subjects, particularly procedural subjects, do not receive adequate attention in Law Colleges.
The assumption with which training course is planned is that every person recruited has adequate competence expected of an advocate with few years practice at the Bar. This is questionable and the reason why induction training is contributing little today is the extremely poor quality of legal knowledge of some candidates who are being recruited to the judiciary.
(8) How does the recruitment process ensure minimum Competence?
Selection process is not likely to guarantee competence in all candidates selected, though most of them may possess basic knowledge and skills.
Pre-selection training is not practical as candidates may not take it seriously unless they are assured of selection. Furthermore, financing pre-selection training is a problem. As such, Judiciary may have to compromise and select candidates knowingly that their education is inadequate and equipment is poor.
Recruitment at best can act as a screening of available material. Written examinations and personal interviews can assess the knowledge level to some extent. Perhaps a two stage examination scheme as prescribed for central services can increase possibilities of identifying the really deserving candidates. This may not necessarily help in excluding undeserving candidates, given the uncertainties of the processes and the reservation politics inevitably involved in them.
Given the wide variation in the quality of legal education imparted in colleges within the State and among the States, adherence to rigid standards may result in injustice to certain sections of society. Filling of reserved seats in subordinate judiciary will be a near impossible task if high levels of knowledge and skills are insisted in selection examination.
If Bar Councils or the Judicial Academies can themselves organize systematically preparatory pre-selection courses for prospective candidates who want to improve their chances, it may help weaker candidates in the selection and also promote prospects of all trainees having some acceptable level of common basic knowledge expected of them.
Alternatively weaknesses of individual trainees have to be addressed separately by the training academies through special schemes which may necessitate greater time, attention and resources for their training.
(9) Is Training to be concerned mainly with Skills ?
Largely that is the object; but it has to have a knowledge base and has to be enriched with changes in attitudes and values. It must enable trainees to foster self-development and make self-evaluation.
(10) How Training can cater to the demands of the brighter and the needs of the weaker candidates simultaneously?
The conventional law subjects are not to be taught in the judicial training course. They should be left for self-study.
Weaker candidates may be given instruction through remedial programmes outside the normal training course. Also brighter trainees may be asked to give guidance to their colleagues who are unable to follow the courses.
Extra-training for weaker candidates outside the normal period of training may cause psychological problems in them. The best strategy is not to select candidates for judicial jobs if they do not possess expected levels of learning.
(11) Language Training
It is the unanimous view of all respondents that English should be the medium of training. Some would like Hindi also to be made compulsory and regional language a desirable third language in judicial training. However, regional language should not be the medium of instruction as it will affect judicial standards throughout the country and will be unfair to the concept of equal justice under law. Legal literature of good quality is also available at present only in English. Judicial excellence in the present circumstances requires the use of English in judicial work.
(12) Motivating the Trainees to take Training Seriously:
Everything needs to be done to make the trainees take the programme seriously and internalise the learning for better judicial performance. This may require policy changes and administrative arrangements conducive to hard work. Several suggestions emerged from the responses. These include :
(a) Successful completion of training to be a part of the probation requirement and the services of those who have totally failed to imbibe the minimum learning during training should be terminated forthwith rather than allowed to continue at great risk to the efficiency of administration of justice.
(b) Performance at training to be a relevant consideration for determining eligibility for promotions and career advancement of all judicial officers.
(c) The importance of training and expectations from trainees be communicated clearly and rules be framed to announce the priority judiciary attaches to training.
(d) Examinations be conducted at training centres and performance of trainees be graded as "excellent", "very good", "good", "satisfactory" and "poor". Those who are declared "poor" shall not be confirmed in the cadre to which they are recruited and they may be subjected to denial of increments as long as they do not secure at least a "satisfactory" grade.
(e) Enhance the quality and content of training programmes by adopting varied teaching aids and methodologies.
(f) Recognise meritorious performance in training through awards, recommendations and preferential promotion opportunities.
(g) Give service advantages to meritorious officers including study leave, library grants, empannelment for special assignments etc.
(h) Peer group pressures can promote motivation.
(i) Research, project work and participatory exercises to be encouraged in training. It should be a process of "learning by doing" rather than "learning by listening".
(j) Exposure to the experiences of judiciaries in other countries will be useful at higher levels of judicial service.
(k) In extreme cases of non-performance even after training, reversion to lower cadres can be considered.
(l) Annual appraisal report should be linked with training goals and achievements.
(m) Compensatory allowances can motivate in select situations.
(n) Periodical examination through written tests and group discussions can enable the learner to understand deficiencies and acquire capabilities by the time final assessment is made at the end of training.
(o) Judicial academies should be run on lines of military or police academies for inculcating discipline and seriousness.
Note : Motivation is the key for achievement. Admittedly, the trainees in judicial academies even at the induction stage lack motivation. It is imperative for the judicial establishment to consider how the motivational level of trainees could be increased by altering rules of employment and making training attractive and instructive. Adult learning processes are varied and the training schemes will have to address the issues scientifically if judicial behaviour is to be influenced in desired directions.
(13) Nature of Examination in Training :
(i) Examination to be held in each subject of training course.
(ii) It should be a mixture of open book, problem-type, project work, group discussion and paper presentation exercises.
(iii) Some have doubted the desirability of university-type examinations though they wanted evaluation made by other methods.
(14) Consequence of Unsatisfactory Performance in Training :
(a) Several steps suggested earlier on the question of motivating judges to take training seriously would apply here.
(b) Entry in service records after giving opportunity for correction may be resorted to.
(c) Repeating the training course should be insisted upon and probation period continued.
(d) Repeat training, though rigorous, should be helpful to the officer to learn at his pace rather than tending to be punitive and self-defeating.
(e) Some responses do suggest amendment of recruitment rules to the effect that unsatisfactory performance at training will entail discharge from service or placement at a lower grade than the one recruited for.
(15) Ensuring fairness and objectivity in training evaluation :
(i) Making an officer of the level of High Court Judge in charge of the assessment system.
(ii) Entrusting examination to a panel of examiners or committee of judges.
(iii) Review by an appellate authority in cases of complaint according to transparent procedures and acceptable criteria.
(iv) Providing a re-check/re-valuation procedure.
(v) Display of periodic test results and opportunity to understand causes of non-attainment of higher grades.
(vi) Evaluation partly or fully by agencies outside the training institute.
Note : It is important that when performance at training is given serious repercussions on career advancement, the process of evaluation is fair, objective and transparent. There are examination techniques now available to eliminate bias and too much of subjectivity in assessment procedures. They need to be adopted according to requirements in the Academies.
Additional Comments :
In respect of the first set of questions on "concepts and approaches" analyzed above, there has been few additional comments offered by some respondents. These are summarised below :
(i) Unlike the civil services examinations, the candidates for judicial service are much more mature persons as they have spent some time in legal practice and are in the age group of 27 or above. The training scheme should take this into account and conduct the training little differently.
(ii) Undue emphasis should not be placed on English language skills as what is required is ability to understand communications in English and not the power of expression in that language. In fact power of expression is more required in the language of the region which may also be allowed to be developed.
(iii) The best legal luminary or a competent judge may not necessarily be a good trainer. As such careful selection and training of the trainers is a pre-requisite for success of training programmes.
(iv) While training in traditions and practices in judiciary are necessary, it should aim to give a futuristic orientation so that the trainees could respond to changes responsibly as and when they occur. Training tends to reinforce existing values and practices sometimes to the detriment of efficiency and responsiveness.
(v) The induction-type training course must be conceived at three stages and should be linked appropriately in contents and concerns. The first stage is soon after the initial recruitment to the judiciary as Munsiff/Magistrate. The second stage is at the time of promotion as a civil judge and the third is when the officer is promoted to the cadre of District Judge.
II. ORGANIZATION AND SUPPORT SERVICES
(1) The Case for a National Judicial Academy and Four Regional Academies :
An overwhelming majority of respondents (88%) are in favour of a National and four Regional Judicial Academies apart from Training Directorates under each State High Court. Some believe that regional academies are unnecessary and State level training institutions can perform the tasks if the National Academy can help standardize the programmes and provide supporting services. Of course, smaller High Courts can join neighbouring States and have joint training establishments.
Those who support Regional Academies are in favour of establishing them in Uttar Pradesh (Lucknow), Andhra Pradesh (Secunderabad), Assam (Gauhati) with the National Academy located in Madhya Pradesh (Bhopal). It may be re-called these are places in which infra-structural facilities already exist, though in a modest scale, and where some training programmes are periodically organized for judicial officers.
There is an opinion advanced that the relationship between the National/Regional and State academies should not be that of a Principal-Satellite (subordinate) type, but co-equal institutions with differing functions. The National institution may be better placed to provide training ideas, propose new training schemes, assemble appropriate reading materials and self-study kits, run training the trainer courses and help standardisation and co-ordination.
(2) Structure of the National/Regional Academies :
The dominant opinion is that the National/Regional Academies should be directly under the supervision of the Supreme Court. There should be a Governing Board in which besides representation from Supreme Court, High Courts, Central and State Governments and Bar Councils, there should be some independent experts/academicians nominated.
While a Senior Supreme Court Judge can be Chairman of the national academy, the senior most puisne judge of the High Courts in the region by rotation can be the Chairman of the regional academies.
There is a view that regional academies should also have in their Governing Boards representatives from the District Judiciary and the NGOs/Social Workers.
The role and responsibilities of the Governing Board members vis-à-vis the regular faculty must be delineated so that there is no compromise on academic freedom and institutional autonomy. However links with higher judiciary at the administrative level may help enhance prestige and credibility for the courses while ensuring greater discipline on the part of trainees.
There is a caution given that care should be taken not to let the academies become a place for re-employment of retired judges or an asylum for those not desired in the regular courts for whatever reasons.
(3) Relationship between Academies to maximise Productivity :
There may be functional control of regional and State academies by the N.J.A. for purposes of quality assurance. Otherwise, the two have a large area of co-ordinate functions. Every member of regional/state academies be deputed to be in the faculty of the N.J.A. for a fixed period to acquire special expertise and to facilitate academic co-ordination. Similarly faculty of the N.J.A. may be deputed to state/regional academies for fixed periods to enhance interaction.
Two-thirds of all training programmes need to be organized at the State /regional level and only one-third need to be at the national level. Participation at the national level courses be regulated on the basis of merit and functional roles.
A system of communication linkages be established with the N.J.A. so that judicial officers can have the benefit of courses nationally conducted through distance learning techniques, video-conferencing etc. This can enhance the reach of training without disturbing officers from their work places and schedules.
Curriculum development and standardisation of syllabii and study materials are the key functions of the NJA and much of the actual conduct of training should be left to the State/regional academies. There should not be hierarchical or bureaucratic controls which will inhibit the development of State academies in its own fashion responding to local problems and challenges.
There is a view that while the NJA should be the place for training of District Judges and possibly High Court Judges, the State/regional academies should conduct training for the subordinate judicial officers. Refresher courses for specialised training and continuing education of senior judicial officers should first be developed and conducted by the NJA and in appropriate cases be repeated in State/regional academies. Such courses should be carefully planned to serve specific needs and experimented for its impact at the NJA level before recommended for repetition elsewhere. This will avoid wastage of resources and maximise benefits to judiciary as a whole.
(4) Composition of Faculty in Judicial Academies :
The size of the faculty will vary according to demands and resources. However, on an average a State academy may have a Principal and a Vice-Principal, two Professors, one or to Lecturers and two or three Research Officers. Of course, this is to be the core faculty and will be supplemented by a guest faculty of invited experts from the locality. In any case, a minimum of five full-time faculty members should invariably be available to every training institution.
According to one view, the minimum academic staff of a regional training institution should be fifteen (15) with at least 20 supporting administrative staff. This would include a Director (rank of High Court Judge), a Deputy Director (rank of Senior District Judge), three Professors representing three relevant disciplines (law, management and social services), three Associate Professors representing judiciary (civil judge rank), forensic sciences and behavioural sciences respectively, two instructors in law, two computer/information technology (library) experts and two field work co-ordinators (experienced court administrators/lawyers).
It is suggested that the ratio between trainers and trainees should be in the range of 1:5.
The primary principle should be that judges should be teaching other judges and academies are to enrich and diversify this process. The ideal situation would be to find volunteers among distinguished and retired judges to undertake the teaching functions according to pedagogic techniques and teaching goals evolved by academic faculty of training institutions.
Considering that there is hardly any tradition of systematic judicial training in the country as a whole and that there will be heavy demands in training which may be between 2000 to 2500 trainees per year for at least five or more types of courses (induction courses and refresher (continuing education) courses), there is need to develop a cadre of regular faculty members trained and motivated to undertake the tasks in the immediate future. Identifying another 1000 or more guest faculty members, interested, competent and distributed in different States is another task to be undertaken. They also need to be given an orientation if the effort has to be productive; co-ordinated and functional.
(5) Existing Academies to be developed as Regional Academies?
While there is general agreement to declare the Lucknow, Secunderabad and Gauhati academies of regional status, there is demand for a similar one at Nagpur or Jaipur for the western region. There is a demand for a regional academy at Bangalore as well.
The primary requirement, it is argued, is strengthening State academies than go for regional one. State academies with National Academy at Bhopal can fulfil the immediate needs at least for some time.
(6) Budget Estimates for running a Judicial Academy :
The budget projections vary between 2 to 10 crores of rupees though a substantial section of respondents believe that once the infra-structure is available the running cost can well be within 2 to 3 crores of rupees a year. A State academy can well be managed with rupees two crores of which one crore will be for salaries and another for administration and programmes.
The average annual budget of the National Academy may be in the range of rupees 5 crores.
(7) Selection and Retention of Faculty :
Most respondents are in favour of recruiting permanent faculty for basic needs of training. The Judiciary and Universities are the two sources for their recruitment. Senior advocates if available can also serve the need in some cases.
If faculty were to be drawn from serving judges and professors, they should be taken on deputation at least for a minimum period of 5 years extendable for another 5 years. This will prevent stagnation and bring in fresh blood with diverse experiences. However, it is not easy to identify the right person to come for deputation.
Retired judges and professors if found suitable can be engaged on contract basis as either regular or adjunct faculty. Other things being equal, outstanding District Judges rather than High Court judges may better serve the needs of training.
Senior judges with interest in teaching may be given an year off from judicial work if they volunteer to teach at the academies.
The Directors/Principals should be appointed for a minimum term of six to ten years preferably from the higher judiciary or eminent jurists.
(8) Status to be accorded to Senior Faculty in the Academies :
While the Director/Principal of State/regional academies should have the status and perquisites of a High Court Judge, the others in the Faculty may be placed on equivalent status of Central Universities. Deputy Directors/Vice-Principal may have the status of a Secretary to Government in States.
The status of the Director of the NJA should be that of a Supreme Court Judge. Others in the Faculty may carry scales of pay offered in institutions of national importance like the IITs, IIMs etc.
(9) Medium of Instruction in Academies :
Two-third of the respondents want English to be medium of instruction while one-third are split between Hindi and regional language together with English.
(10) Organization of Skills Teaching :
Skills teaching is important in training; but it may not necessarily need a separate department to organize clinical training. Given the fact that majority of faculty members are people with skills, they would impart skills training in their respective courses. Further in field placement, project work and mock trials/moot courts the trainees may get opportunities to sharpen their skills.
(11)Academic Links Desirable with Outside Institutions :
Exposure to the training programmes of other countries is always beneficial. Eminent judicial trainers from outside institutions may be invited for short periods to conduct seminars or co-teach courses with the Faculty in the academies. Wherever possible, trainees at least in refresher/continuing education courses may be provided opportunities to participate in training programmes of other countries and trainee judges from these countries may be admitted to join the courses in the academies in India.
In any case, academies should develop professional links with comparable institutions outside India and exchange publications and study materials. This will be mutually beneficial to improve quality of judging and to have critical feedbacks on our strengths and weaknesses. International collaboration in judicial training particularly at the level of SAARC or Commonwealth should be encouraged.
(12) Computer Training for Judicial Officers :
All judges are unanimous in their opinion that training in computers particularly its use in judicial work must be compulsorily taught in all training programmes. Academies should be fully equipped with equipments and instructors not only to teach the use of computers, but it must form an integral part of the training methodologies in every course.
Some persons suggested that every court should have access to internet and e-mail facilities as well.
(13) Financing Judicial Academies : Desirability of Seeking Private Donations :
Many respondents are emphatic that the funds should come from the State only. There was one view that international finances available for judicial training should be kept in a central pool and individual academies made to compete for grants from it according to the merit of their programmes.
Another view supported by many says that there is no harm in seeking donation of library and study materials as well as teaching aids.
(14) Can Judicial Academy come up on the model of L.B.S. Academy, Mussorie?
Majority suggests that it can be a model in many respects in terms of infra-structure and quality of programmes. However, it suffers from a bureaucratic structure; whereas the model of IITs and IIMs is more professional and adaptable for judicial officers.
III. NATURE AND SCOPE OF PROGRAMMES
(1) Status of Foundtion/Induction Courses :
Yes, the induction courses for fresh recruits and promotees constitute the major activity of the State academies; whereas refresher and continuing education courses should engage most of the time of regional and national academies.
(2) Status of Refresher Courses :
Refresher courses for officers who are already in service are necessary and should compulsorily be attended once in three years (or, in any case, once in five years) by judges at all levels including the High Courts. The average size of such courses can be anywhere between 25 to 35 participants.
The duration of such courses depending upon the subject and scope of such exercise can vary between 1 to 6 weeks; the suggestion being 1 week for High Court Judges, 1 to 2 weeks for District Judges and 1 to 3 weeks for others.
Taking into consideration the large number of judges at all levels to be able to undertake refresher courses, the academies need to conduct such courses round the year, sometimes having more than one such course at the same time. Initially it may pose some organizational difficulties; after gaining some experience and standardization of quality criteria, it may be possible to repeat such courses more frequently or even to offer them at least partly through distance education techniques.
(3) Should Academies offer courses other than Induction and Refresher Programmes for Judicial Officers?
Thematic courses of shorter duration of 1 to 5 days including week-end courses may be organized to presiding officers of specialised tribunals and senior level administrators of judicial establishments.
It is also desirable to have at least occasionally orientation courses organized to officers who in their official functions deal with judicial proceedings. Thus, police officers, public prosecutors, income tax and custom, excise officials, Government secretaries, law officers of Government and Heads of Public Sector Undertakings may all be brought in to educate them on judicial processes, rule of law, issues on Court-Executive interface, contempt of court and human rights jurisdiction of superior courts.
Courses should always be need-based, informative, analytical, and result-oriented.
There is need for judicial academies undertaking research projects on a continuing basis either by themselves or jointly with universities and other organizations on issues of interest in judicial organization and administration with a view to propose judicial reforms and enhance judicial productivity.
Management related courses ought to form the focus of special seminars and workshops. Seminars on issues of contemporary public concern should also receive the attention of Judicial Academies.
Occasionally courses for the supporting staff of courts may also be organized to motivate and educate them on the tasks of judicial administration as distinguished from general administration.
Yoga, meditation and similar stress-releasing and efficiency-promoting techniques should form an essential part of courses.
(4) Venue for Courses outside the Academy
Majority of respondents wanted the judicial training courses to be residential even when held outside the campus of the Academy.
Though regional and national academies may be encouraged to conduct their courses in different States for officers of the State, it was felt that courses in the campus of the Academy involving equal rank officers of several States have distinct advantages in inter-active learning and developing judicial discipline and solidarity. In any case, unless proper infra-structure and learning environment is available, no attempt should be made to organize courses for judicial officers in premises outside the campus of judicial academies. It is better not to organize training rather than organize badly and bring disrepute to a valuable tool for influencing change.
There is an opinion advanced that only foundation course be residential. Refresher and short duration courses will have to justify each time why it should be residential and what are the adverse outcomes if it is organized on week-ends or part-time basis or purely through correspondence/distance education methods. This is to avoid disturbance to judicial work and to save scarce resources.
(5) Standardization of Distance Education and Training:
There is mixed reaction to distance education in judicial training. For education purposes, they argue, it will be possible; but for training of skills, it is still to be developed.
However, there is wide support to start off correspondence courses with standard materials for continuing education of judicial officers. This may cover new legislations or amendments to existing legislations and leading case laws, both Indian and foreign. Even summaries of expert committee reports and of articles by eminent jurists in legal periodicals can be communicated to all judicial officers by the Academies. Knowledge-based components of judicial education can well be supplied through correspondence and learning on them can be assessed through project reports and similar assignments. Well produced audio and video cassettes can be an effective medium even to introduce new skills and attitudes to judicial officers. However, in distance learning also, participating officers should be examined and evaluated by the Academies through assignments or otherwise.
Perhaps, an option can be given to the judges to obtain the grade requirement in continuing education either through an extended period of distance learning or a residential programme of a shorter duration.
(6) to (9) Objects Determination in Foundation and Refresher Courses
Note : Even though these cluster of questions attempted to gather specific objects of the two types of courses distinguished from generalised goals, the responses did not throw much light. This is what the trainers need for designing a course and to develop appropriate techniques to address each of the objects. It is also necessary to evaluate the impact of each segment of the course. To the extent the objects remain vague and generalised, skills, attitude and ethical standards cannot be addressed adequately in judicial training. Of course, to some extent all objects cannot be articulated in simplistic terms; nor can it be exhaustively stipulated at any given time. Nevertheless, the first task of every teacher/trainer will continue to be the struggle to identify and communicate clearly and unambiguously the learning goals of the total course and of each module in it.
It is interesting to find that many respondents expect from the induction training better understanding of legal principles as well as substantive and procedural laws, (what ought to have been obtained in LL.B.), familiarity with court functioning (which must have been observed during legal practice) and knowledge about working of related departments of police, revenue, jails, forensic labs, mental hospitals etc. (which again a conscientious lawyer could have gathered in practice). This is the problem with objects being vague. The training ends up in repeating what is already known or giving elementary things at a superficial level which one expects in the pre-recruitment education and practice of lawyers.
There are others who identify the objects as judicial decision-making, writing judgments, passing interim orders, managing court procedures and personnel, judicial ethics, treatment of special categories like juveniles, unsound persons, alternate systems of dispute resolution, computer literacy, accounting in courts, relationship with the Bar and media etc.
Interestingly again, there has not been any mention in the responses that study of the impact of constitutional law and judicial review is to be a subject of study in the training of new recruits to the judiciary. Nor is human rights referred to as a topic for learning in induction training.
Updating in legal developments is the popular response to the question on "objects" for refresher courses. Improvement of skills and capabilities (without identifying them) have been suggested as additional objects of refresher and continuing education courses. Imparting skills and knowledge to deal with special laws involved in motor accident compensation disputes, land acquisition disputes, disputes under companies and industrial disputes acts etc. were suggested for specialised continuing education courses.
Major changes in any area of law and policy and introduction of major departures in judicial administration should be the objects of short term seminars and workshops organized by judicial academies. Such programmes should include case studies and field visits rather than substantive knowledge.
For motivating judges to voluntarily seek participation in training, the strategy would be mention in service records, award of certificates, giving monetary incentives and recognizing distinguished performance in training courses as additional qualification in promotion and placement.
(10) Objects of Training Outside India :
Only judicial officers with long years of experience to be sent. The objects include understanding the law and judicial systems of other countries. Only those very good in English language and personal interest in comparative legal studies should be sent for training abroad. Another object of training abroad is to study how science and technology can improve the quality of dispensation of justice.
The trainers (faculty of training academies) should be sent for further training abroad so that, through them, Indian judicial officers can receive what is good in other systems in a manner appropriate to Indian situation. Foreign training in the best of such institutions will help improve organizational aspects relating to the conduct of such training. There is a view that training abroad should be confined to the trainers in judicial academies.
(11) Foreign Judges in Indian Academies :
Respondents mainly welcomed limited training opportunities being provided for judges from abroad, particularly of Commonwealth countries. They opined that it should be on payment of full costs and possibly on reciprocal basis.
(12) Should Academies have a role in Recruitment Process :
Academies are welcome to offer pre-selection counselling and training to prospective candidates for judicial offices particularly those belonging to reserved categories.
Academies may also be authorized to conduct the Judicial Selection examination on behalf of the High Courts or the Public Service Commission and under the directions of the High Court concerned.
There were some persons among the respondents who were against giving training academies a role in actual selection of judges. However, there is no objection in a member of the faculty being invited to sit with High Court judges while interviewing candidates. Some persons did not want even that.
To a suggestion made as to whether bright students from law colleges can be identified, motivated and guided by judicial training academies for judicial selections, the respondents are generally in agreement. Possibly a campus selection by the High Court through an alternate process if formulated under proper rules may also find approval in this regard.
IV. TRAINING THE TRAINERS
(1) Lack of Qualified Trainers and how to produce them :
There is not enough competent, dedicated and trained teachers for judicial academies. This is not because such people are not available in the country. Both in the Judiciary and in Universities there are potentially capable trainers, but they do not prefer to go to training institutions because of the poor service conditions, paucity of infra-structure facilities and low prestige given to such assignments in the judicial establishment itself.
The best available resource is in the judiciary itself. Sitting and retired judges who have inclination for teaching can be recruited and trained to become competent trainers if they can be offered conditions of service attractive enough to opt for such job. A large Panel of such personnel from amongst High Court and District Judges should be prepared for possible assignments in academies for periods long enough to make an impact. Retirement from such assignments should be at 65 years, the age at which Supreme Court judges retire. The usual recruitment procedures are unlikely to attract the right type of faculty members to the academies. It must be a process of nomination-cum-invitation-cum-selection based on pre-determined criteria widely publicised in the entire judiciary and in the Universities.
(2) Staff Structure in the Academies :
There is some support to the suggestion that the faculty strength may be equally divided into permanent, deputation-basis and guest teachers. However, others think that long-term deputation and larger pool of visiting lecturers will be conducive to better performance. Permanent faculty may after sometime feel frustrated because of lack of adequate promotional opportunities as compared to their counterparts in the judiciary.
However, there is a strong view that no institution can develop in the long run if a core team of permanent staff is not available and, as such, each academy should have some senior level permanent teachers who may be available to the institution for at least 10 to 15 years.
(3) Role of NJA to provide Trainers to Regional/State Academies :
Yes, the National Judicial Academy should undertake the task of identifying a pool of officers with the help of the High Courts from throughout the country, train them for different tasks and notify their availability for teaching assignments in different academies in the region. The reputation of judges in the profession, the service records and an aptitude survey based on relevant criteria can help the High Court/NJA to spot such candidates. The process should be transparent and scientific and no caste, region or other irrelevant considerations should influence the process.
If there is to be a Judicial Service Commission, it can perform the task ably and on objective criteria.
There are possibilities of identifying such candidates in the Bar also.
(4) Qualities of a Good Judicial Trainer :
A number of qualities have been identified by the respondents. These include -
(i) Sound knowledge of the theory and practice of law.
(ii) Commitment to independent judiciary and judicial reform.
(iii) An effective communicator and good command of language.
(iv) Aptitude to work as a teacher and ability to learn more.
(v) Capacity to inspire trainees and promote interactive learning.
(vi) Good reputation and integrity of character, to be a role model.
(vii) Research capability with inter-disciplinary approaches.
(viii) Creative thinking, willingness to unlearn and re-learn.
(ix) Punctual, disciplined, clean habits and secular-minded.
(x) Experience in management/administration.
(xi) Proficient in some subject other than law.
(xii) Understand the psychology of adult learning.
(xiii) A sense of history, a sense of humour and respect for rule of law and human rights.
(5) Availability of Trainers outside Judiciary :
Outside judiciary, good trainers for judicial academies can be found in reputed law colleges, universities, the Bar, management institutions, staff of existing training institutions and corporate establishments.
(6) Desirability of Training the Trainers in Judicial Academies Abroad :
There is wide approval to the suggestion that the identified pool of officers should be sent to the best available judicial academies abroad to learn the essentials of organization and conduct of training programmes. The idea is not to gather substantive knowledges but to learn the pedagogic methods of effective training of highly educated persons like judges. Association with master trainers and observation of actual training exercises would give the ideas and skills to suitably improvise techniques for use in India. Since there is no such experience in this regard in India, such visits by the trainers at least for some initial period will be beneficial.
(7) Strategies to develop Academies as Centres of Excellence :
There is positive response to the suggestion that based on performance in the first few years, judicial academies should have the prospects of becoming universities which could award degrees in judiciary-related studies. Such a prospect would promote research and innovation on every aspect of administration of justice and provide empirical data on any proposition to the judiciary to plan reforms.
Advanced seminars, workshops and judicial conferences under the auspices of academies can generate new ideas and initiatives for constant improvement of quality of education, training and research.
The status of excellence should be earned by hard work and competitiveness through outputs, reputation, publication and consultancy.
There should be periodical performance audit of the academies by a high-powered body which should advise on academic agenda and performance targets.
(8) Universities to be advised on Degrees in Court Management :
Yes, if reputed universities and management institutes can educate people on Court Management, it will provide trained persons for judicial administration. Perhaps judicial academies can introduce such courses jointly with management institutions which will enable officers already in service to take advantage of such programmes.
4.9 Research and Development Work in Academies :
Research in judicial wing of government is a neglected area and there is no reliable information on a variety of aspects concerning judiciary which has grown in size and complexity over the years. Judicial academies should start research on priority issues. The judges who come for training are a rich resource for gathering information and conducting small studies with field surveys. It helps in training them also on hidden facts of judicial administration.
It will be ideal to prepare a research agenda after wide consultation with the judiciary so that the outcome of research can find its way to policy formulation and administrative reforms.
Problems and issues are many and varied. They have to be broken down into research questions and proper methodology has to be worked out so that it can be managed in reasonable time and they are linked to a common theme or development goal. Such action-oriented research can change the quality of governance in the judicial set-up. Academies are eminently suited to take this responsibility right from the beginning.
4.10 Planning Infra-Structure for Future Challenges :
The infra-structure pattern of LBS Academy at Mussorie appears to be of guidance in planning the national and regional judicial academies. More than physical infra-structure, it is the academic programmes, professional management and functional autonomy which will tell on the efficiency of the academies. There must be halls specially designed for moot courts and mock trials for ADR experiments and for group study. Computerised library system with one terminal for two trainees should be available.
Additional Comments :
Some very valuable suggestions have come from respondents by way of additional comments. These are :
(i) All senior faculty members should be encouraged to do research on areas of his choice for which one month's paid leave should be made available. There should be a research article published each year by every faculty member.
(ii) Faculty members who get poor assessments from the trainees for two consecutive courses should be repatriated to the parent departments and not retained in academies on compassionate or other grounds.
(iii) All training academies should grow over a 5 to 10 year period according to performance and its own reputation. Therefore the investment on a training institution should not be made at one go.
(iv) Judges who have robust common sense, practical skills and varied experience should be constantly inducted into the academies at least for short periods even if they refuse to come on regular assignments.
V. CURRICULUM CONTENT AND SYLLABII
(1) Appropriateness of the Curriculum for Foundation Course :
The accompanying memorandum to the Questionnaire suggested the following six themes for the Foundation Course Curriculum :
(a) Knowledge of Law in the context of social change and development.
(b) Understanding judicial process in Governance under rule of law.
(c) Updating knowledge of Law and Legal Procedure.
(d) Developing skills in Management of Court and related systems.
(e) Government Policies, Judicial interface and Speedy Justice.
(f) Judicial Ethics, Discipline and Accountability.
Each of the themes are broken down into different subjects and teaching modules to develop a syllabus for the induction training course.
Asked on the adequacy of the curriculum, the respondents generally agreed with the relevance, coverage and organization of the content proposed. They however felt that one year period can be reduced if some of the subject papers (like Law and Social Development, Law and Economics, Judicial Review and Judicial Process, Principles of Legislation and Interpretation of Statutes, Constitutional Law) are dropped. Their argument is subordinate court judges do not immediately need such knowledges more than what they have acquired in LL.B. or in legal practice.
It was suggested by some that direct recruits from the Bar may need training on (a) framing issues/charges, passing interim orders, writing judgments and sentencing; (b) understanding of work of police stations, correctional institutions, prisons, revenue departments, forensic laboratories etc.; (c) working of courts at various levels; (d) knowledge of accounts and civil service rules; and (e) judicial ethics.
There was a strong suggestion that training for adequate computer proficiency should be provided if necessary for two or three months to be able to master information technology.
The curriculum should have a core content which is immediately needed by the trainees and a broader content on which ideas may be given for self study and development.
(2) Three-step Process of Training and its Relevance :
There was overwhelming support for the three-step concept in the training of fresh recruits ie. initial 6 months of course work at the academy, next 3 months of field work and final 3 months again at the academy to round up the work assignments and remaining part of course requirements mainly based on practical skills and court management.
There was an opinion that the field placement should be of longer duration and class room studies reduced. Another suggestion was to divide the training period into foundation course and professional orientation, the former to be completed in 3 to 4 months and the rest to be devoted to the work he should be doing as a judge; namely, judgment writing, court management etc.
The introductory course for people in service (on promotion to a higher cadre) should be of one or two months only.
(3) List of Subjects and Credits :
Broadly there was support to the list of eighteen subjects to be taught in 6 months of training. Some suggested that segments IV and V may be shortened and kept for the last 3 months of training. There is need for greater weightage to be given to computer and information technology. Similarly C.P.C. and Cr.P.C., Law of Evidence and Rules of Court should occupy more time and attention.
There appears to be overlapping of subjects which should be avoided when learning modules are developed in each subject.
Weightage for subjects which are not of immediate use to judicial officers may substantially be reduced.
(4) Suggestions on Emphasis of Modules in different Subjects :
Thirty class hours for each subject are adequate to address the issues therein. However, in practice there may be need to increase the number of class hours in particular subjects and borrow it from other subjects. This is a matter to be adjusted by the Faculty and what is suggested here is to be taken for guidance only.
The course co-ordinator must prepare a lesson plan and a teaching plan keeping the expected outcomes from each subject and the course as a whole.
At the beginning of every course, the participants may be asked to list their needs and expectations from the training. Such suggestions may be given proper consideration in designing the teaching plan.
(5) Skills of Judging and Methods of Teaching them :
It was the opinion of a retired High Court Judge who has had a long career in the subordinate courts (Dr. Justice David Annoussamy from Pondicherry) that the training time should not be wasted in teaching substantive or procedural law. The selection test should be so devised to ensure adequate knowledge of the laws. Training should be on practical knowledge and skills only which should be taught through moot courts and mock trials. Training will be successful only if meritorious candidates alone are selected based on adequate knowledge of laws and procedure.
According to the Justice, there are six types of skills to be taught during training and examined at the end of it. These are :
(1) Comprehend the disputed matter to be able to frame charges and issues, not casually, but professionally. Materials should be given for that purpose with increasingly complicated exercises as the candidate proceeds in the training.
(2) Ability to detect admissibility and relevancy of evidence quickly and correctly to be able to conduct the trial according to law. An exercise for teaching this skill could be providing recorded evidence of past cases and asking them to remove inadmissible and irrelevant portions. They may be also asked to write down memorandum of substance of evidence from the full fledged record.
As conduct of trial includes asking questions by court and giving a finding on questions asked, it is desirable that trainees are given the charges/the issues, and the evidence recorded and are asked to formulate questions which could have been asked by the court.
(3) The third skill is to be able to receive intelligently the arguments advanced by both sides. If arguments are irrelevant and repetitive, judge should be able to seek clarification from advocates; otherwise they may face difficulties while writing judgments. To teach this skill, trainees may be asked to hear recorded arguments and write down their reactions indicating when and for what reasons they would have intervened if the arguments were advanced while they were presiding.
(4) The fourth skill according to the judge is capacity to analyze evidence according to the issues framed. Judges just summarise the evidence and jump on their conclusions on preponderance. Analysis requires a different, rational approach.
(5) The fifth skill is to gather the law, interpret it and decide on questions of law applicable.
(6) The final skill necessary is writing judgments without repetitions, unnecessary reproduction of documents, evidence, case law, statutory provisions etc. How to organize and respond to issues in such a manner as to satisfy the parties to the dispute (not keeping the appellate court or the media in mind).
An exercise which can help teach the skill is asking to write judgments on the basis of materials supplied and to remove what is removable in judgments already rendered.
Note : The views of Justice David Annoussamy give valuable insights for the trainers to organize the teaching of skills in simulated situations in the academies and in structuring the content of the knowledge-oriented courses in the training programme.
On the question of judicial skills, other respondents suggested that the essential skills for judges are cool temperament, patience, listening, good memory, control of court proceedings particularly on lawyers, without appearing biased, analytical ability, time management, judgment writing and human relations management.
Case study, role playing exercises and writing projects relevant to the skills are methods of teaching skills.
(6) Balancing Knowledge Component with Skills Component :
Respondents suggest a "judicious mix" in which the skill-based segment is given 60% time and space and knowledge segment 40% of time and attention.
It was suggested that in refresher courses and continuing education programmes, knowledge component may be given wider coverage while in induction training the skill component greater emphasis.
(7) Teaching of Judicial Ethics
While some felt that the subject can be taught in an integrated manner in every course/subject, the majority of respondents argued that it must be taught as an independent subject. Reputed and experienced judges can teach the subject through case studies, lecture discussions and role playing.
(8) Syllabus Development for Refresher Courses :
Many have suggested that new developments in law and practical problems in administration of justice should form the subject matter of refresher courses. They can occupy the role of remedial programmes for known deficiencies in the judicial system. Anyway these are to be reviewed and changed from time to time.
Judicial officers themselves may be asked to suggest themes for refresher courses from time to time.
(9) Coping with Needs of Individual Trainees :
Individualised attention is desirable in training. This is possible effectively only when the trainer-trainee ratio is high and the programme content is evolved on the basis of problems identified by trainees themselves.
There should be counselling and project assignments to help individual trainees. Remedial programmes to be introduced as and when needed for which bright and promising trainees may themselves be used.
Follow-up contacts through correspondence can help individuals to cope up with judicial work. Assistance through phone or personal visits is helpful.
Two or three trainees may be attached with each faculty member to offer individual guidance and interactive learning.
More discussions and small group exercises can promote solution of individual problems in learning.
(10) Continuing Education for Superior Court Judges :
The general opinion is that judges at all levels require training. Judicial conferences with pre-conference workshops are useful for continuing education of superior court judges. Short duration, week-end refresher courses are advisable for High Court judges.
