13.1.1 After a long period of relative neglect and low priority, judicial education holds out the promise of organized action in the coming years at the hands of the authorities in India. The decision of the First National Judicial Pay Commission to give the subject the attention it deserves while recommending the restructuring of the status and service conditions of what the Constitution of India calls the "Subordinate Courts" (Chapter VI, Articles 233-237) is a welcome development not only for the institution but also for the litigant public. The immediate provocation for the initiative came from a 1992 judgment of the Supreme Court in All India Judges' Association V. Union of India & Others (AIR 1992 SC 165) reiterated in another judgment on a Review Petition in 1993 (AIR 1993 SC 2493). Chief Justice Ranganatha Misra who wrote the judgment on behalf of himself, Justices A.M. Ahmadi and P.B. Sawant said :

"One of the claims advanced before us was for provision of inservice training for judicial officers. This we consider as a must ... We are of the view that inservice institutes are indispensable for the upkeep of the efficiency of judicial service. We direct that an All India Institute of Inservice Training for higher officers of the judiciary including the District Judges and a State level institute for training of the other members of the subordinate judiciary within each of the States and Union Territories or one common institute for more than one State or Union Territory should be set up within one year from now and at any rate not later than December 31, 1992. This has to be organized by respective High Courts" (emphasis added).

It is refreshing to note that claim for in-service training came as a demand from the judicial officers themselves in their petition before the Supreme Court. They must have experienced how the lack of such training affected their capacity to perform better in their judicial and administrative functions.

13.1.2 The Supreme Court did consider the item as a priority issue and mandated the setting up of two sets of judicial training institutions - one for higher judicial officers including the District Judges at the all India level and another for State/Union Territory at the State or regional levels - by the end of 1992 and imposed the organizational responsibility on the High Courts. Six years later, the scheme has not taken off from the drawing board stage. Hopefully, the High Courts which have been given the responsibility will now act on the basis of the Report of the National Judicial Pay Commission and ensure that the institutes are in place at least in beginning of the next millenium which incidentally is just two years away.

13.1.3 The need for raising the competency of judicial officers for better performance of the judicial system was highlighted by several reports of the Law Commission of India beginning with the Fourteenth Report (Reform of Judicial Administration, Volume I, Chaper-9, Subordinate Judiciary) in 1958. The report said :

"The problem of efficient judicial administration, whether at the level of the superior courts or the subordinate courts, is largely the problem of finding capable and competent judges and judicial officers. Delays in the disposal of cases and the accumulation of arrears are in a great measure due to the inability of the judicial officers to arrange their work methodically and to appreciate and apply the provisions of the Procedural Codes ... However, well framed the substantive law and carefully designed the procedural law, the proper application and working of these laws lies largely in the hands of the officers presiding over the courts. Even if these laws were perfect, we would need adequately trained and capable judicial officers to apply and administer them. Without such personnel, administration of justice can never be satisfactory". (p.161).

13.1.4 Reiterating the increasing importance of training to judicial officers, the Setalvad Commission report added : "... Not only has the volume and variety of the work increased but the pace at which a munsiff has to perform his duties has quickened. Unless a young officer is given the proper training, he is likely to acquire by reason of his inexperience, un-businesslike habits which he may find it difficult to shed later on and which may prevent him from becoming an efficient judge. A certain amount of training in the administrative work of a court is also essential to a fresh entrant into the service from the Bar, if he is not to be at the mercy of his office clerks" (p.178).

13.1.5 The Fifty-fourth Report of the Law Commission in 1973 further emphasized the subject and recommended the immediate setting up of a National Academy for Judicial Training. It said :

"Even at the cost of repetition, we wish to emphasize that the success of any system, and particularly the judicial system depends on the men who work the system...Successful completion of the training should be a condition precedent to confirmation of appointment in the judiciary".

13.1.6 Keeping in mind the changed role of judges in the independent Republic of India, the Gajendragadkar Commission added : "The subjects to be included should be such as to deal with the relationship of law to other social sciences, including, in particular, economics and sociology. The emphasis should not be on technical law or procedure, but on law as a part of an inter-disciplinary study and on the application of the law to the facts of a particular case....A subject of importance is the effect of social change on legal institutions..".

13.1.7 It is in the light of the jurisprudential view of the judicial role that judicial training should be organized. "The law is predominantly an instrument of social engineering in which conflicting pulls of political philosophy, economic interests and ethical values struggle for recognition. This struggle has to be viewed against the background of history, tradition and development of legal techniques. A working knowledge of those disciplines is therefore essential". (p. 332-333, 54th Report).

13.1.8 The One Hundred and Seventeenth Report of the Law Commission is devoted entirely to the subject of training of judicial officers (November 1986). The report found, quoting approvingly the comment on the American judicial system by the then Chief Justice of that country, "... In the final third of the century, we are still trying to operate courts with fundamentally the same basic methods, the same procedures and the same machinery which Roscoe Pound found were not good enough" even at the turn of the century a hundred years ago ! As Lord Devlin said of the British Justice System, "If our business methods were as antiquated as our legal system, we would have become a bankrupt nation long back". The Law Commission Report therefore concluded that the "updating of the knowledge and skills can hardly be left to the voluntary effort of individual judges.." It is conceded that training can significantly upgrade the capability of everyone called upon to perform a duty. It is all the more so in the case of judicial officers, because sociology of law is acquiring new and added significance in the development of the society". (p. 2 of 117th Report).

13.1.9 The importance and urgency of pre-service and in-service training for judicial officers have again been reiterated in the 114th Report on Gram Nyayalaya (participatory justice at the grassroot level) and the 116th Report in which the Commission recommended the scheme for an all-India Judicial Service.

13.1.10 It is thus beyond doubt that there is an imperative need for organized programme of judicial education and training not only at the time of selection and appointment, but on a continuing basis during service. It is also clear that the primary reason for judicial delays, repeated appeals and legal uncertainties, inter alia, can be traced to the lack of required competence in terms of updated knowledge and skills on the part of judicial officers at several levels of the system. In short, there is no substitute to organized and appropriate training on a continuing basis which requires priority attention in the judicial reform agenda. The occasion of the introduction of all-India Judicial Service should provide the opportunity for a meaningful, nation-wide programme of judicial education to prepare the system to respond to the challenges of the next millenium with competence and confidence.

13.2.1 The nature and scope of judicial education depends upon the function of the judge in a given society. Broadly speaking, the function of every judge, trial or appellate, is to decide the cases brought before him according to law and in a manner accepted by society as just, fair and reasonable. The credibility and legitimacy of judicial decisions depend not only on its merit and soundness in law, but also on public perception of impartiality and objectivity of the procedure adopted by the judge. This is a delicate task which judges have to internalise when they assume the role of judging.

13.2.2 This report looks at only the functions of a trial or an appellate judge in the "Subordinate Courts". The most important of his function is to conduct the proceedings in a fair, orderly and dignified manner. Finding the truth of contested issues of fact is the first concern of a trial judge. Based on facts ascertained, the judge is to apply the law and give his decision on guilt, liability etc. For ensuring "fairness" in truth ascertainment and minimising subjectivity in the process, procedural law gives rights and privileges to litigants, witnesses and officers of court. It is the function of the judge to give maximum protection to these rights and privileges of parties so that justice is not only done but appears to have been done. This is a function which demands a variety of skills on the part of the judge besides knowledge of law. A judge's personality and values influence his decisions and the atmosphere he creates in the courtroom. His body language and tone of voice, his reactions to witnesses, his interaction with others in the courtroom, his manner of ruling on objections, his treatment of advocates all affect public perception of the fairness of the trial.

With the introduction of new technologies and changes in law, the judge is confronted with continuing challenges of court management, litigational efficiency and judicial balance in the conduct of trial of civil and criminal cases.

13.2.3 The judges at the primary level also have the responsibility to critically evaluate pleadings, settle issues, handle interlocutory applications and manage introduction of evidence by parties to the dispute. In the process, he may issue commissions and invoke methods of alternate resolution of the disputes before him. The judge has to rule on evidentiary contests on admissibility, relevancy and probative value. He must be able to appreciate evidence, assess the credibility of witnesses, and determine facts on the basis of preponderance of probabilities. A judge is expected to be an expert in all areas of the law, though as a lawyer he might have specialised in one or two branches of law only. All these demand knowledges and skills of such range and variety which perhaps no other profession requires from a practitioner. At the same time the facilities and support services available to him are so limited and archaic which make his task all the more difficult and challenging.

12.2.4 On ascertaining facts and after receiving arguments on behalf of parties, the judge has to perform the most important function of delivering judgment on which his credibility and acceptability are determined by the legal community, the parties and the society at large. Judicial reasoning is both an art and a science to be cultivated by every judge by study, reflection and hard work. His competence in language and communication is critical for this task. Complex factual situations have to be analyzed and important legal principles have to be explained to avoid possible conclusions contrary to his own. The judge must be able to put it in such a way that even if the matter goes on appeal, the appellate judge should find it persuasive enough to go by the finding of the trial judge.

13.2.5 In criminal proceedings the judge has to perform another important function of awarding an appropriate sentence to the guilty. With better understanding of the varied goals of punishments and the nature of human behaviour, the sentencing function has assumed a critical role in criminal justice administration. Similarly the calculation of money damages in a civil court is not that easy as generally believed.

13.2.6 The emergence of human rights in its varied dimensions in substantive and procedural laws makes varying demands from the trial judge particularly in criminal trials, environmental adjudication, family dispute settlements, juvenile justice and labour relations litigation. The trial judge has to have an abiding interest and wholesome understanding of human rights jurisprudence as developed by international instruments and Constitutional law.

13.2.7 Finally, the judge has to be an able administrator to be able to move things in a culture in which inaction and delay have been entrenched habits in judicial administration. He has to manage the docket and the ministerial staff intelligently and imaginatively through continuing interaction, motivation, supervision and leadership. He has to keep the bar in good humour with a message of firmness and impartiality. He has to strive for excellence in his job and earn the reputation of being a "good judge".

2.8 The judicial function thus is a challenge to everyone who occupies that office. To be able to respond to such a noble assignment of dispensing justice efficiently and impartially, a trial judge, inter alia, has to improve his knowledge and skills on :

(a) the concept and concerns of a fair trial and its operational parameters.

(b) the concept of a fair judge, an activist judge, a firm judge.

(c) the methods of fact-finding in judicial proceedings.

(d) the art of judgment writing.

(e) the science of sentence determination and damages calculation.

(f) management of court proceedings in a fair, dignified, orderly manner.

(g) management of case flow, information, accounting records, court staff, media, etc.

(h) updating knowledge of human rights jurisprudence and emerging areas of litigation brought about by technological changes.

(i) improving professional skills and ethics.

(j) changing social order and democratic governance under rule of law.

2.9 Each one of these items calls for a fund of related knowledges which require inputs from social and forensic sciences, management science, information technology etc. This cannot be had by individual initiatives alone from amidst the daily routine of a judge. Hence the need for scientifically organized and constantly improved system evaluation and training on a continuing basis.

13.3.1 The role of a judge is by and large determined by the nature and variety of his functions. The conventional functions are assuming new dimensions with the expansion and diversification of judicial assignments and changes in the expectations of society. Technological changes do also impact on judicial functions. Thus, on the eve of the third millenium, the role of a judge in the secular, socialist, democratic, republic of India in which one-sixth of the human race inhabit is likely to assume changes of far-reaching significance and complexity not totally comprehensible at present. The perception of justice itself is changing in contemporary times. There are a number of myths and mysticisms around the office of judgeship, perhaps deliberately developed over the centuries, which are increasingly being questioned on grounds of relevance, utility and legal benefits. Privileges and immunities of judges are being re-examined in terms of relationship to independence and accountability.

13.3.2 Reflecting on the role of the judge, The Hon. Judge Sandra E. Oxner, President of the Commonwealth Magistrates' and Judges' Association wrote :

"The all powerful and righteous judge became exposed by the spotlight of contemporary media scrutiny as a human being subject to all human frailties.

"The general public disillusionment with official office holders coupled with the lingering respect for the judiciary from a time when the judge and her behaviour were protected from public scrutiny combine to create an expectation of a very high standard of judicial conduct in and out of court. While the expectation is not misplaced, the burden it places on a judge is such that a support system of advice and collegiality must be in place to allow the judge to live up to these expectations and not inadvertently bring the administration of justice into disrepute. The establishment of ethical standards of conduct and collegial discussions of specific problems will assist the judge in ordering her affairs and conduct in such a way as to maintain the public trust and better withstand the searing light of media scrutiny...

"It is important that lines of communication are open between the media and the judiciary.. This analysis of the role of a judge points up the need for judicial support through education in the following various fields; the principle and practice of the independence of the judiciary; accountability to the public; judicial ethics and conduct; sensitivity training in contemporary social issues; gender, aboriginal, ethnic, and other disadvantaged groups sensitivity training; and Media-Bench relations". (Report of the Tenth Commonwealth Magistrates' and Judges' Conference, Victoria Falls, Zimbabwe, August 1994, p.137).

13.3.3 The expectations, perceptions and dilemmas of the judge's role contribute to the individual's transition from lawyer to judge. This transition takes months or years to complete. It is a major change in which the new judge has to keep distance from lawyer friends developed over years of law practice and a network of judicial colleagues has to be painstakingly evolved. The new role substantially changes the perspective from which one views the trial, the law, the profession, justice in society and dynamics of rule of law.

13.3.4 "The Judge's Book" a valuable handbook prepared by the National Judicial College and the American Bar Association and widely circulated among judges in U.S.A. and outside, quotes a study of the socialisation process to describe the transition in the role of a new judge. This study finds that "there are four steps to the socialisation of a judge and that moving through all the steps takes at least fifteen years of judicial service. The first of these steps, Professional Socialisation, occurs in the period before a person becomes a judge, and includes law school, legal practice experiences, and other career-related experiences. The second step, Initiation and Resolution, includes the first five years on the bench. During this period the judge undergoes an initial adjustment and self-concept change in trying to define his or her role as a judge. Towards the end of this stage there is a resolution of role conflicts, and a transition to the decision to remain on the bench. The third step, Establishment, covers years six through fifteen on the bench. During this stage the role of the judge changes from that of altruist and legalist to guardian of the law, as another role definition and resolution of conflict occurs within the judge. The final step, Commitment, begins when the judge has served on the bench 15 or more years. During this final stage, there is an increased commitment to the bench, marked by a satisfaction with judicial life. The new judge would do well to consider these findings and to be thereby forewarned of what lies ahead". (Alpert, Atkins and Ziller, "Becoming a Judge : The Transition from Advocate to Arbiter" 62 Judicature 325 (1979) quoted in The Judge's Book, Second Edition, The National Judicial College, Nevada, Page 9).

13.3.5 The essential qualities of a good judge are listed in the Judge's Book as follows:

(a) Graciousness : A trial judge should cultivate the ability to be gracious and to listen attentively to the parties and their cases. A good hearing is soothing to the soul. So the judge should make it a point to show interest in every case, no matter how unimportant it seems to be.

(b) Moral Courage : A judge should not expect to be popular. He should develop the courage to do justice whatever the consequences.

(c) Reputation for Fairness : This is something one can develop only by actually being fair and giving such an impression to the people concerned. How a judge conducts his or her private life as well as the judge's manner in the courtroom can give the appearance of unfairness even in a judge who is, in fact, fair.

(d) Mercy : A good judge will have the mercy to apply when appropriate.

(e) Patience : It may seem to be a waste of time to listen to extensive arguments on a point on which the judge has made up his or her mind. But judges owe it to the lawyers to listen to their arguments. One object of the adversary system is to afford an opportunity to correct premature judgments which all human minds are prone to form ... There is no more sorry spectacle than a trial judge throwing his weight around. A judge should be dignified and firm but should not be mean.

(f) Ability to Communicate : A trial judge is a teacher who must learn to transform legal phrases into plain English that can be understood by lay people without jeopardising its legal soundness.

(g) Decisiveness : A judge who does not possess decisiveness should acquire it. Thoughtful consideration is essential, but indecisiveness is inconsistent with judicial responsibility. And having decided, the judge should announce the decision with a show of confidence that it is right.

(h) Honesty and Integrity : These are qualities essential for every gentleman and more so for a person occupying the office of judge. In judges these qualities should be transparent and unquestionable.

13.3.6 The above list is not exhaustive of the attributes of a good trial judge. They illustrate the complex role of a judge which requires mental and behavioural abilities capable of influencing the attitudes of a variety of actors in the court room. In a plural society with institutionalised social inequalities based on gender, religion, language, race and caste, the role of the judge becomes all the more difficult and challenging. This is where the Constitutional philosophy should invariably inform and illuminate the thought and action of every judge particularly operating at the grassroot level.

13.3.7 The Judge's Book published by the American National Judicial College contains a chapter on "The Judge of the Future" which succinctly projects the emerging features which will be reflected in the judges of the future. A few excerpts from Chapter 21 of the book are given below :

"Although speculations about the judge of the future bring visions of robotic truth-assessing machines, law dispensing computers, and chemical-test-determined dispositions, human beings, rather than mechanical marvels, will continue to exercise the fine art of judgment for any foreseeable future".

13.3.8 The most visible recent change in the judiciary has been the growing diversity of judges themselves. A look at the law schools of today indicate the demographics of the bench of tomorrow. A growing number of women will occupy judicial offices particularly in trial courts. So also the Dalits, more Backward Classes and minorities who have had historically no representation in the judiciary. Reflecting the make up of the legal profession, the bench will become younger, demographically diverse and less experienced which will make judicial education and training critical factors in future.

13.3.9 Technology is changing the role of the judge. Innovations are allowing traditional tasks to be done more efficiently. Where once the judge heard all aspects of a case, new procedures such as Alternate Dispute Resolution (and Lok Adalats) are helping judges to deal with increased caseloads. Computers, adaptations of sound recording devices and videotaping facilities will quicken the process of trial, management of dockets and production of transcripts, orders and judgments. Many of these technologies suggest the prospects of limiting a judge's personal staff while increasing the number of technical specialists in the court. The personal computer will enormously increase the research and communication capabilities of the judge.

The level of scholarship of future judges is bound to increase with easy access to internet and related facilities. The judge of the future will have a national and perhaps an international perspective.

13.4.1 Prior to the Constitution of India, the position of the subordinate judiciary like appointments, posting and promotion were not exclusively in the hands of the High Courts.

The above views have been given effect in the recommendations made by the Drafting Committee of the Constitution with certain modifications, and ultimately, a new chapter as Chapter VI of Part VI under the title "Subordinate Courts" has been incorporated in the Constitution.

13.4.2 This Chapter VI of Part VI contains a group of Articles 233 to 237.

Article 233 which is the first Article in this Chapter provides for appointment of District Judges.

The expression "District Judges" has been defined under Article 236(a).

Article 234 provides for recruitment of persons other than District Judges.

Article 235 provides that the control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State shall be vested in the High Court.

Under Article 236(b), the expression "Judicial Service" has been defined to mean a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.

13.4.4 Judicial service is a career service with pyramidic structure of Courts. At the lowest rung, there are judges called Civil Judges (Junior Division). Next higher grade is Civil Judges (Senior Division) and still higher is the cadre of Additional Judge and District Judges. Likewise, on the criminal side, there are Magistrates at the lowest level; Chief Judicial Magistrates/Chief Metropolitan Magistrates/Assistant Sessions Judges at the middle cadre and above them Sessions Judges/Additional Sessions Judges.

Over and above all these, is the High Court which is the highest Court in the State, set up under Article 214 of the Constitution.

13.4.5 We have adopted the adversary system which is commonly followed by other Commonwealth countries. But it is unfortunate that we have not made any improvements either in the structure of Courts or training the judicial officers to meet the growing challenges in the administration of justice. We have no doubt made considerable progress in science and technology but the machinery of justice remains with antiquated tools and outmoded laws and procedures.

"Under the Constitution, administration of justice and the constitution and the organisation of Courts other than the High Courts are the responsibility of the State administration. The facts revealed indicate on the one hand a gross neglect by the State administration of their duty in establishing the necessary number of Courts and on the other, a complete failure on the part of the State to carry out its obligations to provide trained and proper judicial personnel for presiding over the Courts. The States in question cannot even urge financial stringency as an excuse for, the figures reveal that these States have been making substantial gains out of the revenue earned by them by way of Court fees. It is a matter for serious consideration whether in order to prevent what appears to be virtually a breakdown in the system of judicial administration the Central Government should not, by an amendment of the Constitution, be given a greater measure of control over some aspects of judicial administration in the States".

When these observations were made, the field of Legislation on administration of justice and organisation of all Courts, except the Supreme Court and High Courts, were exclusively in the State List under Entry 3, List II of the Seventh Schedule. That was indeed the reason why the Law Commission made the aforesaid observation by recommending an amendment to the Constitution to enable the Central Government to take greater measure of control over some aspects of judicial administration in the States.

3. P. 158, Vol. I of Fourteenth Report on Reform of Judicial Administration, 1958.

13.4.7 But the position today is different. By 42nd Amendment Act, 1976, which came into force on January 3, 1977, a part of the Entry 3 of List II in Seventh Schedule was omitted and by Clause (c) of Section 57 of the 42nd Amendment, Entry 11-A was inserted into List III - Concurrent List.

Entry 11-A so inserted in List III reads thus :

"11A. Administration of justice; constitution and organisation of all courts, except the Supreme Court and High Courts".

This transposition of entry confers equal powers on the Central Government to take adequate measure of control to make the much needed improvement in the administration of justice, constitution and organisation of all Courts. But the Central Government has done little in this regard in spite of the power being given to them.

13.4.8 It may be noted that like in the United States, we do not have dual system of judiciary - Federal Judiciary and State Judiciary. The Federal Judiciary deals with a the cases arising under Federal Laws while the State Judiciary deals with the State Laws. We have adopted single judicial system as State Subordinate Judiciary. The State Subordinate Judiciary is the only forum in which all cases arising under the Central and State enactments are examined and tried. In fact, there are more than hundred Central Legislations in addition to the Indian Penal Code with which the State Subordinate Courts are involved in enforcing. That being the position, we fail to see why Central Government should not come forward to share the responsibility of administration of justice in every State.

13.4.9 It is estimated that the country has in its Twenty Five States and Seven Union Territories a cadre strength of over 12,000 judges in its Subordinate Judiciary. The required strength according to Law Commission estimates is said to be twice that number immediately and four times that number in the next five to ten years. On an average, about 1,500 to 2,000 judicial officers are to be added to the strength of the subordinate judiciary. A statement showing the cadre strength of the judges in the subordinate courts of different States and Union Territories as on 1997 is given below :

Note : * break up not available.

13.4.10 According to a recent study, India has a little over 10 judges per million people whereas it is 243 in China and 150 and more in some of the developed countries of the West. The number of cases per million people is fairly high (1500) and the expenditure incurred on the judiciary by the Government is strikingly low (0.19 of the GNP). It is also stated that more than half the expenditure is recovered by the Government through court fee, stamp duty and similar fees. (Pistor and Phillip, Rule of Law and Legal Institutions in Asian Economic Development 1960-'95, Harvard University, quoted in NLSIU Report on History of District Courts in India, mimeograph 1998 at p.195).

13.4.11 At present excepting in 3 or 4 States, there is no scientific and systematic training programme available to the judicial officers either at induction or in later stages of their career. Wherever they exist, the emphasis is on lectures on topics of procedure and substantive law where the trainees take the course with very little impact on them. Thus, by and large, judicial career is evolved in the country through the method of trial and error at great cost to the litigants and under risk of unjustifiable delay and distortion in the delivery of justice.

13.4.12 A Prognosis : Subordinate Judiciary in the next Millennium

It is now clear and widely acknowledged that there is no alternative excepting to address the problems of the subordinate judiciary squarely if democracy is to survive and rule of law is to prevail in the trying years ahead.

There should be a radical change in the structure and status of the subordinate judiciary during the closing years of the century. Indeed, that is what the First National Judicial Pay Commission is attempting to achieve.

13.4.13 What will be the nature of the Subordinate Judiciary in 2000 AD or immediately thereafter? Indications are that there will be appreciable number of women and a large number of S.C., S.T. and Backward Class Members in judicial service at all levels and more particularly at the induction stage. If an All India Judicial Service is brought about at least at the level of District Judges, then it may provide better opportunities for appointment to High Courts. If the status and service conditions of subordinate judges are improved, the better talents may vie each other to enter judicial service. If new technologies and better management practices are made available, the capacity of an average judge to handle complex litigation will be greatly enhanced and the litigational time will be considerably reduced. A variety of Alternate Dispute Resolution Methods will be in place taking away a heavy chunk of disputes from courts and giving greater freedom to the judge to employ these strategies to manage his docket much more efficiently than to-day.

13.4.14 All these are welcome developments to the judges and the litigants. The problem arises in the diversity of work involved and the demand for greater professionalism in the process of judging and judicial administration. It is not only a question of acquiring varied knowledges and skills but also a matter of developing an attitude of mind and compatible behavioural patterns on the part of presiding officers.

This calls for intensive and extensive training of the kind that is neither conceived nor organized any where at present within the training institutions. An innovative and flexible curriculum which is constantly reviewed and developed is the need of the hour. Training has to be taken much more seriously by the trainers and the trainees for which structural reforms are necessary. A system of incentives and disincentives should elevate the status of training in the judiciary to the desired degree. Training should be made attractive and interesting by adoption of methods tested for adult education. Exercises and role plays should replace lectures and standard reading materials should be developed to make learning relevant and productive. In short, in the scheme of things in future, judicial training will have to be conceived and executed imaginatively if it has to influence judicial behaviour in a manner facilitative of change and efficiency.

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.

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.

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.

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 -

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.

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.

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 :

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.

13.6.1 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.

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.

There are three parts in the Academy training:

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)

i) Control and Supervision

ii) Supervision and accuracy of returns.

iii) Knowledge regarding Government and High Court Circulars.

iv) Accounts and Financial matters.

vi) Civil Manual (Relevant Chapters).

vii) Criminal Manual (Relevant Chapters).

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.

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.

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.

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 :

* 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 :

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.

13.7.1 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

The goals of judicial training are :

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.

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.

In contra-distinction to induction training, the following specific objects were suggested for the different types of continuing education and training :

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.

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.

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.

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.

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.

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 :

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A number of qualities have been identified by the respondents. These include -

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.

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.

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.

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.

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.

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.

Some very valuable suggestions have come from respondents by way of additional comments. These are :

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.

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.

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.

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.

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 :

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.

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.

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.

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.

It is good teaching method; but is not enough. Participative learning techniques should be employed wherever possible. In any case lecture-discussion should not be extended beyond one-fifth of the entire training.

A work book may be prepared by the faculty in advance for each subject detailing the study plan, essential reading, exercises to be done, portions left for self-study and expected outcomes.

The knowledge component of training can largely be taught through lecture and questions followed by written tests and group discussions.

If information giving is the object of a given module, it may be left for self-study. Even then discussion in groups of such topics may be helpful for enhancing the understanding of the subject/information.

Yes, project work for research and writing on issues relevant to judicial learning is good method provided proper guidance is available from the Faculty and the project report is presented and discussed in group meetings involving sitting judges. It can be evaluated for 15 to 20 per cent of the credit for each subject. The selection of project topics may be made in consultation with trainees. Some projects may be assigned to groups of trainees when they involve more investigation and analysis.

Projects are effective only in residential courses. Case comments, dissertations on socio-legal topics and critiquing of articles by eminent jurists published in legal periodicals etc. are research/writing exercises which can make learning real and practical.

Some Respondents suggested 25% of total credit in given subjects to independent research and writing

Mock trials, moot courts, negotiation and mediation exercises as well as conciliation and arbitration of different types of disputes under simulated conditions must be assigned to each trainee. The entire process may be video-taped, played back in the presence of experts and other trainees and critiqued for understanding the strengths and weaknesses of each training in the use of such techniques. Similarly video clippings of actual proceedings by leading lawyers/judges may be presented for comparison to the trainees.

It was suggested that these practice exercises should not be basis for grading the over all performance of trainees. In fact trainees should be allowed to evaluate and grade themselves giving supporting reasons for their assessment.

These techniques of training should occupy one-third of the total time of training and one-third of credits of the course.

Appropriate method for giving deeper insights on topics of current relevance, issues of science and technology, controversial questions of law & policy, emerging areas of law related knowledges requiring inter-disciplinary skills. Every subject and every topic should accommodate as many seminar and workshop exercises wherever possible, in the company of one or two experts on the subject to act as discussants. It may be also advisable to invite trainees themselves to act as moderators of such seminars/workshops.

Given the increasing importance of Lok Adalats and ADRs, it will help bring at least some aspects of judicial work in the academy premises if legal aid clinics are set up on a regular basis.

Law clinics can also serve a variety of other learning goals depending upon its structure, contacts with NGOs and resources.

The respondents did say that periodic examinations, not of the conventional type only, can be a regular feature of training course. In fact, the course can start with one examination (written and oral) which will give a profile of the group and weaknesses of individual trainees. If such initial test is linked with the series of tests culminating in the final assessment, it gives an idea of the total learning curve of individual trainee and the impact of the training. The entire data must be computerized, transparent and to be explained to the trainee by the Faculty concerned.

Some persons felt such periodic examinations will be a distraction to learning and should be avoided. Too many examinations and too much importance on them may undermine the efficiency and objects of training. Examination is to remain a measure of learning from which the trainee himself could improve the pace and level of learning.

Seminars, group discussions, lectures, group assignments (projects) are to be used imaginatively. Field experiences wherever possible should be provided by visits in groups.

Video-tapes, correspondence and tele-conferencing are other strategies for conducting continuing education.

Yes, suitable examination to evaluate the extent of learning in continuing education courses is also desirable. It can be "take home", "open-book" examinations besides group discussion and written assignments.

However, refresher courses should not aim to find the shortcomings of judges which may affect his career prospects.

Respondents were equally divided on the potential of crash courses and that too correspondence to train the 15,000 existing judicial officers. They felt at best it may give some knowledge based education but not true training.

A tremendous pool of ideas and comments emerged out of the survey conducted through the Questionnaire. Because some questions were asked differently in more than one place, some aspects of judicial education and training have come in for repeated discussion in the body of the analysis. However, the conclusions are clear and emphatic and are supported by an overwhelming number of respondents who are sitting and retired judges of the country. The fact that a large number of judicial officers' associations have taken active interest in the survey and have enriched the findings reflect the dominant faith of the judiciary in the principle of reform through training.

A brief summary of the propositions which reflect judicial thinking on the subject and which are adopted in formulating the recommendations of the report in subsequent chapters is reproduced below :

13.8.1 Based on the curricula of the existing training programmes in some States and on the recommendations of the Law Commission of India, the working paper circulated with the Questionnaire did propose a broad scheme of the curricular structure for induction training of judicial officers at the primary level. While the responses received were generally supportive of the proposal, there were some insightful comments on inclusion and exclusion of certain papers or modules in such papers. In this chapter the curriculum is further revised on the basis of comments received and in the light of the near consensus reached in the National Level Consultative Committee where the subjects were thoroughly discussed and further clarified and recommended by pedagogic techniques.

13.8.2 It is worth clarifying the function of a curriculum in a training setting of responsible officers who have had basic education in law and some exposure to the system of administration of justice. It must give them additional learning relevant to the work situation and should not be blind repetition of the courses studied (even if not properly) in the law college. The objects of studying each additional units of learning must be justified in the curriculum statement as that would give them directions for self-study and to choose materials for themselves. The objects preferably must separately give the knowledge content and the skills content of the prescribed course/module. As the demand on judicial capabilities changes, the curriculum planning should be a continuous process of revision and reform preferably in consultation with officers being trained. This means that the curriculum presented is just for the initial year only and must undergo close scrutiny by the trainers and experts at the end of each year. It is important that this process is made compulsory in every training academy lest the content should become obsolete and irrelevant to the changing needs and demands.

In this regard, it is also important to distinguish the goals from the objects of training. Goals are acquisition of greater efficiency and improved quality of administration of justice. This is the cumulative result of a variety of factors in the judicial establishment including training. On the other hand, objects are related to a specific course/module in a given set of environment and circumstances and with reference to the particular category of officers undergoing training. Specifying objects with clarity is not an easy task. This comes with experience both in judicial administration and in judicial training. This is where the trainers require training and continued interaction with the players in the judicial, educational, behavioural and management spheres. In fact, the objects determine the pedagogic methods to be employed and the study materials and examination system to be adopted. If objects are clearly articulated and communicated, the success of the course is partly assured.

13.8.3 In the context of the above and based on lessons from the field of adult learning and educational psychology, the trainers will have to develop their own skills and strategies. Judges are, of course, the best persons to train other judges; but if they were to do so effectively they themselves have to assimilate developments in educational psychology and learn pedagogic skills appropriate to adult learning. This is why it is said that all judges, however experienced, cannot become effective trainers and the academies will be well advised to make careful selection of their faculty based on carefully chosen criteria including demonstrated aptitude for teaching/learning.

13.8.4 No training can be successful if there is no guarantee of some minimum levels of knowledge on the part of the trainees. Minor gaps and deficiencies on the part of some individuals can be sorted out by remedial coaching; but if the basic minimum as expected in the recruitment rules are lacking and the language skills are weak, the training can run into problems. Today, according to experience collected, there are recruits who are extremely weak in their understanding of legal procedures and evidence and who cannot communicate effectively in any language, much less in English. This explains the disappointing impact of training in shaping judicial conduct and the reasons why training is taken in some cases as a mere formality both by the trainees and even by some trainers. A sense of helplessness leads to compromises thereby devaluing training itself.

To resolve this problem, two alternatives were proposed in the questionnaire both of which seem to have not found favour with the judges. The first option was a short-term rigorous pre-selection education for weaker candidates at the instance of the High Court by some law teaching institutions. The other option was to give remedial coaching after provisional selection in the academy with extended period of training. The respondents were of the view that both these approaches will result in discrimination and consequent complexes in the officers. Their solution is that under no circumstance shall candidates who do not have the expected levels of legal knowledge and language skills should ever be recruited even if there are reserved vacancies to be left unfilled. While it is a problem for the respective High Courts and Governments to resolve, today it does pose insurmountable problems to training institutions.

13.8.5 There is unanimity in the view that the training curriculum should carry a heavy well-thought-out segment of hands-on training in judicial work (placement with a senior judge) and a fairly thorough programme of computer education. Both these suggestions are well taken and have to be reflected in the curriculum evolved. There is a large body of support in keeping placement training between the two segments of institutional training; the first six months mainly to update knowledge of laws and related subjects and to prepare for placement and the last two months to clarify field experiences, imbibe judicial ethics, learn management of judicial administration and to polish the acquired capacities in conduct of trial and in writing of judgments.

The scheme of education and training for newly recruited officers (munsiffs/magistrates) spread over a period of one year will have six major themes around which several specific courses (subjects) will be organized. The six broad themes are :

Major Themes around which courses are structured for Induction Training of all categories of Judicial Officers :

(i) Law, Society and Justice;

(ii) Rule of Law, Judicial Process and Constitutional Government;

(iii) Procedural Laws and Administration of Justice;

(iv) Technology, Modernisation and Management of Change;

(v) Judicial Ethics and Accountability;

(vi) Select Problems in Society and Role of Judiciary in the Context of Development.

The six themes are not of uniform value or weightage. Obviously, about half the time and attention of the entire course has to be assigned to the third theme, namely, Procedural Laws and Administration of Justice. As such, the number of subjects around that theme are more as compared to all other themes many of which can be taught in just one or two subject titles.

The subjects listed below around the six major themes of study carry in terms of number of credits the recommended weightages for each subject/course in the total curriculum. Local adjustments are possible within the over-all curriculum. After all, the writing out of the Teaching Plans including the drafting of the syllabus, reading materials, examination scheme and teaching methods for each subject is the responsibility of individual teachers in charge of training in each training institution. The design that is so developed by individual trainers in different subjects is always to be reviewed and revised before every new training scheme is launched. Curriculum planning and development is, after all, a continuing process and in the context of developments in Law and Society, the syllabus of a training institution can never be the same for more than a year. Based on the experiences of a training scheme just concluded and on the changed demands for training, a conscientious trainer will revise the curriculum for the entire course and the syllabus for each subject before embarking on another scheme of training. Therefore the scheme proposed here can only be taken as tentative and recommendatory in character to be constantly improved upon every year based on needs and experiences.

It is also to be remembered that the curriculum proposed here covers only the taught portion of the training in the Academy and does not include the practical learning component of the training based on field placement. It is important to evolve such strategies wherein the field placement gets integrated with class room learning in such a way that the two reinforce each other giving the trainee the requisite knowledge and skills coupled with the confidence and professionalism necessary for judicial officers. The strategy proposed in this regard is to have an initial Academy-based teaching for six months, a well-organized field placement for four months and a winding up programme in the Academy for the last two months.

Being a law graduate, every trainee would have some perspective of the role of law in society and the potential of law as an instrument of social justice and development. However, it is unlikely that he had occasion to appreciate the role of law in directing change, regulating economic forces and apportioning the fruits of development. The changes which basic legal concepts like property, contracts, torts, crime, family have undergone while interacting with economic and social policies need to be studied in context to give the young judge the macro-level understanding of the office he is to occupy. It is not just settlement of some disputes but, in the process, he is structuring a just social order where disputes are avoided as far as possible.

The new Five Year Integrated LL.B. Course is supposed to give the above insights to the new generation of lawyers as the curriculum does teach the above subjects. But the social sciences learning is elementary and the integrated analysis with law, if at all instructed as expected, could only open up the curiosity of the law student. In judicial education it can be taken further with a view to project the functional interaction between law and society. How much of it to be imparted in initial judicial education and in what form depends on the assessment of the training needs by the trainers in specific contexts. Nevertheless, the following two courses appear to be necessary :

The object of this course can be to give a critical understanding of Indian society as it evolved through several centuries and how it influenced the shaping of law and legal institutions. It is to be a blend of history, sociology, culture and economics. In short it is to be a socio-economic history of legal system. How justice is perceived and administered at different times? How Common Law and customary law impacted the shape of events? What were the factors which united the society during the Freedom Movement? In all these how lawyers and judges advanced one set of values as distinguished from another and with what techniques? The lessons of history and culture in legal discourses can give meaningful suggestions to the young officer for being a conscientious player in legal development as well as social development through law.

The content of the course could include perceptions and practices in law making and delivery of justice during the colonial period, the implications of non-separation of judiciary from executive, the evolution of the concept of independence of judiciary, the crystallization of the role of the legal profession, the attempts at constitutional reforms during the colonial regime, the values of the Independence Movement and their reflections in legal battles, the Constitution making process vis-à-vis judicial process as projected in the Constituent Assembly debates etc. It could also include case studies of legislative, executive and judicial attempts in delivery of social justice (like untouchability offences, land reform, labour law, child justice, gender justice etc.).

The methods of teaching the course include lecture-discussion (25 per cent), individual/group projects or syndicate studies on research and reporting through seminars (25 per cent), field visits and workshops (25 per cent) and written examination with inter-disciplinary questions on law-society relationships (25 per cent).

The topics of case studies and projects will keep changing year after year with a mix of old and new problems/issues where legal initiatives have succeeded/failed in delivery of social justice. The thrust here is more on social development through law and the role of legal institutions/instruments in social engineering in order to appreciate the limits and limitations of the judicial process. It may also help to appreciate techniques of conflict management in society and the need for law to be responsive and pro-active in the dispute resolution process.

The process of learning here is deductive (reasoning from observed facts) rather than inductive (logical reasoning from a general law). It is experience rather than logic and black letter law. The young officer will learn the distinction between proof in law and proof in social sciences. It would enable him to understand the complexity of social reality even while facts and evidence are presented in isolated fashion in court proceedings. He would begin appreciating the impact of judicial decisions in society and the need to appreciate the reasons for disillusionment with law and legal processes.

This is the second course in the Law, Society and Justice Unit of the judicial training curriculum. While the first course emphasised the socio-cultural dimensions of law and administration, this course would focus on the political and economic dimensions of law in society. Every subordinate judge is now increasingly called upon to administer justice around issues which pertain to economic relationships and distributive justice. With the law of contracts and torts assuming critical importance in the new economic regime, judges can potentially do a great deal to advance the cause of justice in complex market relationships. This requires understanding of the elements of political economy, the relationship between the State and the Market and the role of Human Rights in disciplining unequal and unfair deals. Given the prospects of ambiguous policies in legislation in the market regime, the trial judges may have to be creative in their choice of remedies and activist in resolution of disputes keeping the intention of legislature and needs of society in mind. This is a matter of value orientation, judicial balancing of competing interests and capacity to appreciate complex economic transactions through market practices. The young judge cannot be expected to have this perspective and analytical skill which a course like the one proposed should give him at the induction stage itself.

Giving the example of revolutionary changes taking place in the concept and status of 'property' in modern societies, the Law Commission (54th Report) had canvassed broad-based social science education to judges. Law and Development was an independent course which the Gajendragadkar Commission wanted in judicial training. Sociology of Law was recommended by the Desai Commission. Today administration of justice is indeed difficult without an understanding of the complex role law is playing in development and social change. With economic liberalisation and globalisation and in the context of a dominant role for the World Trade Organization in resolution of economic disputes, national legal systems have to play a pro-active and creative role in structuring legal remedies for economic development and social justice. Any discerning observer can appreciate this new role in the emerging areas of law such as intellectual property law, natural resources law, energy law, environment law, laws regarding financial markets and international trade, consumer protection law etc. No law college anywhere in the country ever taught these laws so far. Nor is it likely that the younger generation of lawyers have had occasion to practice in these areas. At the same time no one can deny the fact that trial judges in future will be increasingly involved in these matters for which the jurisprudence and tools of the past are inadequate instruments. Hence the need for providing a foundation on economic laws including economic offences in the context of India's economy getting integrated with the world economy.

This course again will depend on non-law subjects and materials mainly from economics to develop its content and concerns.

Constitutional governance under rule of law demands from the judiciary exacting standards of judicial behaviour for which the judges have to be trained both in skills and attitudes. The culture of human rights and a healthy suspicion in respect of exercise of public power by State and its agencies are indispensable attributes of judicial mind. While making independent judgment, judges have to strive for certainty in law and reasonableness in its application. In short, the tasks of a judge in a constitutional democracy governed by rule of law and human rights are indeed challenging and formidable. More than knowledge of law what is required is impeccable integrity and a cultivated discipline conducive to restrained conduct and dignified behaviour. While this is the product of learning and socialisation with judicial fraternity its elements can be imbibed in training. Towards this end, the following two courses are recommended

Rule of law requires judges to understand and respect the intention of the legislature while interpreting statutes. A law cannot be understood except in terms of its purpose, the mischief intended to be avoided and the goals expected to be advanced. In gathering this information, every judge inevitably is drawn into policy debates, history of the legislation, diverse view points in society and the limitations of law in social control ordering. Statutes are after all, collection of words and phrases, most of which are amenable to diverse interpretations. The science of legislation (principal and subordinate; supreme and delegated) and the art of legislative drafting conceals an agenda of social engineering which judges have to unfathom through known principles and procedures. These principles are not uniform in respect of all legislations. The extent to which the principles can be used in understanding the law also varies depending upon the issues in question and how far they are obvious in the words and phrases of the statute. Certain rules of interpretation have been developed in Common Law and incorporated in judicial practice all over the world. Even though trial judges are not always confronted with these issues in their daily functions, yet it is important that they are aware of them and how and where they can involve them in judicial work.

Equally important is the controversial yet significant function of judicial review of administrative action and legislation. The principle that every law and executive action should be in conformity with the Basic Law - the Constitution - is part of Indian jurisprudence and perhaps a basic feature of Indian Constitution. The judicial power involved in judicial review is sensitive and is exercised by the High Courts and the Supreme Court. It is a technique for protecting Fundamental Rights against State action maintaining rule of law through avoidance of arbitrariness in Government. While exercising judicial review, courts are likely to deal with policies and inevitably declare the constitutionality of actions of the other two wings of Government. In this process frictions arise and judicial power gets increasingly challenged. It is to the credit of India's democracy that judiciary had its way in working out the constitutional scheme through checks and balances. In doing so, the role of the judiciary has become crucial and delicate. Every member of the judicial establishment even if not exercising judicial review, ought to realise the nature and significance of this doctrine, the manner of its exercise in the Indian context and the responsibilities it imposes on judiciary as a whole. As such, this subject should form a component of the course designed to acquaint the trainee to the larger role of judiciary in democratic governance.

There are interesting discourses on all three aspects in several judgments of Indian and foreign courts which may be imaginatively edited and presented for teaching and discussion. A purely theoretical approach with text book materials is inadequate for the purpose of attaining the objects intended to be achieved by teaching the subject. It is important that the trainees understand the undemocratic nature of judicial process and the need for care and caution in the application of judicial review against democratic decision-making processes. This is a task indeed far more challenging than any other judicial function in a democracy. Judicial restraint and judicial activism will have to be understood in proper context lest the judge should fall in the trap of either obstructing policy or enunciating policy both of which do not bring credit to the judiciary.

Understanding the nature, scope and limitations of the judicial process is part of the training of a judge. Judicial process in an adversarial setting structured by written rules of procedure and evidence pre-supposes a fair, independent judge endowed with a lot of patience and common sense even during trying circumstances. There are different actors playing different roles in the court and the judge is supposed to regulate the show according to the rules of the game. In the process he is to be not only fair and impartial, but seen to be so by the parties whose lives and liberties are at stake. There are active and activist judges as there are restrained and passive judges. Judicial methods are varied and complex accommodating judges of all types and providing dynamism to the judicial process without compromising the integrity of the process itself. Thus, by understanding judicial process, both in theory and practice, the trainee will learn the elements which go in the making of a good judge. This subject should aim to give the trainee maximum of knowledge and skills, attitudes and approaches which can be a resource in judging. Biographical notes of judges can be useful material for study and reflection.

Judicial discretion is a source of judicial power which can add dignity and authority to the court while serving the cause of justice. At the same time, improper use of discretionary powers can undermine the integrity and respect attached to judicial office without which judges cannot function effectively. It is therefore important that this course gives instruction on the use and abuse of judicial discretion particularly in relation to dealing with interim applications and orders. Preparation for hearing of a case can help a great deal in court during trial.

Managing examination and cross-examination of witnesses in a professional manner is both an art and a science which can be cultivated by a conscientious judge. To be a master of the proceedings in court, the judge ought to know when to intervene and when not, where to stop the lawyer and how to achieve intended results without jeopardising the reputation for fairness and avoiding conflicts with arguing counsel.

There are differing views on whether a judge is to be only an umpire or can assume the role of an active player in adversarial trial proceedings. The law seems to provide scope for both the roles within parameters (see for example Order X CPC, 313 CrPC, examination of court witnesses). To be able to learn and practice such roles, the trainee judge has to study a whole lot of theory of judicial roles and interrogate assumptions and strategies in diverse circumstances. While this course will provide the occasion for such an exercise, he should be able to put to test such knowledges while on placement training as an understudy with experienced judges. In short, the teaching of this subject is partly in the classroom setting and partly in the field situation.

This theme comprises the core topics usually given in all judicial training programmes. In many training programmes they form the total content of the course excepting, of course, the field-based apprenticeship training. What is recommended here is a radically different approach in the teaching of procedural laws and their organization and integration in the total curriculum for training. The lecture-discussion type of teaching of topics straight away lifted from the C.P.C., Cr.P.C. and Evidence Act do not convey anything more than what the trainee already got either from the law college or from the profession or from both. As such, a good trainer might consider giving a functional and integrated design in the entire teaching of procedural laws. There can be many models for such a design and each one has its own plus and minus points. For example, one may adopt a style of teaching the entire criminal procedure and evidence by taking the trainees through a step-by-step journey from occurrence of crime in society to its final disposition in courts taking, wherever necessary, bye-lanes and diversions to explain the course of different criminal cases in different situations. The pre-trial processes, trial and appellate procedures, interlocutory stages, constitutional court interventions, administrative and supervisory interventions, impact of actions of extra-legal authorities etc. can all be presented in vivid detail to the best advantage of every trainee judge who is already informed of the basic rules.

The theme around Procedural Laws which constitute 50 per cent of the total taught subjects in the Academy (25 credits) can be organized in five different courses such as Civil Proceedings, Criminal Proceedings, Special Jurisdictions, Judgement Writing and Court Craft, Legal Aid and ADR. The content and scope of these five courses under the rubric "Procedural Laws" are explained below :

The course should give an over view of the judicial system with special focus on civil courts, their structure, jurisdiction and functions. Naturally it is necessary to expose the trainee to various types of disputes ordinarily reaching the civil judicature and the laws (contract, tort, family law, property law etc.) governing them. Of course, the style of treatment of substantive laws will be different in view of their knowledge of these laws.

The second module relates to a number of procedural issues whereby the filing and admission of suits are controlled by the Court Fees Act, Suits Valuation Act, Stamp Act, Limitation Act, Specific Relief Act etc. Discussion on different type of suits seeking different kinds of reliefs will enable the trainees to get acquainted with the nature of work he is likely to be confronted with immediately on assuming office.

Management of pre-trial procedures should receive adequate attention. Examination of parties and pleadings and framing of issues are important tasks where knowledge and skills have to be developed by case studies and practice exercises. Emphasis shall be made for prevention of misuse of discretionary powers, particularly in granting ex-parte interim orders. Broad principles of law of evidence on problems which may arise during a trial. Relying on rules and principles available in CPC which allow an activist Judge to become a "settlement judge" too. Use of Commissions in gathering evidence, resolving questions of relevance and admissibility, and appreciation of evidence applying principle of preponderance of probabilities call for deep study and reflection with reference to specific fact situations. Case files containing recorded evidence should be used to train these aspects of judicial matters.

There are occasions which demand interpretation of contracts and statutes for which the judge should be trained so that established norms and practices are not deviated from when dealing with such issues. Issues on evidence and proof in civil proceedings are too many and are varied. The trainer should be able to select such materials from actual practice which are capable of showing the trainee the consequences of alternative courses of action in given fact situations. A mechanical, status-quoist approach is unwelcome; at the same time, a radical, non-conformist approach is also not favoured for trial judges. To the extent the class room can demonstrate how the slightest error of judgment of facts and procedural norms can lead to unforeseen consequences in the outcome of proceedings, the course can be instructive and meaningful to the trainees.

The structure of modules and the methods of teaching the proceedings in a civil court should not be merely statute-based on already known principles and procedures. The question of why those principles are prescribed and how those principles can be dynamic in operation have to be addressed in teaching. Importance of procedure in the judging process has to be appreciated while at the same time realising that procedure, after all, is a tool for finding truth and being fair to both parties to the dispute. The judge should know why criminal proceedings are differently structured as compared to civil or constitutional proceedings. He must also appreciate the rationale behind modifications effected in civil proceedings by special laws to achieve goals which ordinary civil courts are unable to accomplish.

One of the problems in teaching with materials based on past decisions is the tendency to perpetuate the same approaches and methods which may not be conducive to the changed circumstances. While precedents have their value in the system, it can lead to miscarriage of justice as well if the limitations are not appreciated and risks are not taken to break the ice in appropriate cases. As many trial decisions may be final, it is important that the trial judge understands the scope for creative and positive approaches wherever justice demands such cause of action irrespective of precedents to the contrary. It is a challenge to the trainers to inculcate such a spirit in their students.

The concept of a "fair trial" as expounded by the Cr.P.C. and Evidence Act and as refined by the provisions of the Indian Bill of Rights under the Constitution should form the primary module of this course. This can largely be taught through lecture and discussion with selective study of cases and Law Commission Reports.

Role and responsibilities of the Magistrate at the pre-trial stage during police processes of arrest, bail, remand and discharge deserve to be taught in great detail with the help of relevant statutory provisions and constitutional court decisions. Disposal of cases without trial and procedures to secure the presence of accused should inform the understanding of a judge's function. Framing of charges is another aspect in criminal proceeding which requires special attention in training.

The trial of criminal cases is the most crucial stage in the criminal proceedings with the collection of evidence and appreciation to determine the truth. Speedy disposal of staggering number of pending cases in which the judge should have positive influence, quickening examination and true examination of witnesses. Credibility of oral evidence in various and varied context and circumstances. Avoiding stereo-typed and ancient method of appreciation of evidence. Recent trend of Supreme Court decisions regarding appreciation of evidence in reaching conclusions on controverted facts. Display of learning methods of clinical education now invoked in some law teaching institutions which give the necessary skills through exercises and role plays in simulated conditions.The judicial academy has to make an inventory of clinical teaching methods now in vogue in developed countries and with the help of multi-media support systems introduce programmes which can impart sophisticated skills to their trainees.

Examination of accused under Section 313 of Cr.P.C. Preparing oneself fully with the case before arguments to shorten the lengthy arguments call for particular attention.

Judicious use of the doctrine of giving the benefit of doubt to the accused.

Sentencing constitutes an important function of the criminal court which requires special expertise and skills. Given the increasing irrelevance of conventional sentences and the limited options available, the sentencing judge has to perform a vital social function in a manner that makes criminal justice sustainable. Special focus in this regard should be on socio-economic crimes and atrocities against weaker sections.

There is great wisdom in bringing to the knowledge of the trainee judge little known topics like compounding, victim compensation, legal aid, maintenance, special procedures in dealing with mentally ill persons, awarding of costs etc.

The body of criminal law outside the Indian Penal Code is so vast and complex, that this course may have to develop several modules around some of those special laws focussing mainly on modifications in those laws in respect of procedure, evidence and disposition.

Again, the wide range of issues in forensic science, medical jurisprudence and recent developments in proof ought to receive adequate attention of the trainees.

Tribunalisation is a trend that is popular and pervasive in Indian justice system. While they participate in several ways with ordinary courts, they do differ from them substantially in procedures and dispositions. Administrative Law and Administrative Tribunals should form an important focus of this course, lest the officer should import techniques and approaches abandoned by the legislature into tribunals.

Dealing with children in judicial proceedings should be another module deserving close study and conscious effort to understand. It can include elements of juvenile court proceedings in respect of delinquent children. It must also address issues of rights of children in civil and administrative matters and how they are to be protected by modified procedures and reformed attitudes.

Another special jurisdiction warranting attention in judicial education is that relating to workers in labour and industrial courts. The skills and knowledge required for a presiding officer in a labour court are to be dynamic and informed by a variety of labour rights and economic policies. The procedures are seldom adversarial and assistance of lawyers not always available in such forums. If the presiding officer does not adapt himself to the philosophy of labour adjudication it can be disastrous to the economy and deleterious to industrial peace.

There are specialised judicial institutions now being set up for women. The Family Court is one such example. They are intended to be different from the usual run of civil courts and they have been empowered by statutes to deliver gender justice sometimes through affirmative action unique to such institutions. Special qualifications are often prescribed for presiding officers of these courts and tribunals. Apart from special institutions for women, there is a felt need for gender sensitization of judicial personnel in general to get rid of entrenched gender biases and discriminatory practices. Future judges have to be equipped to deal women's issues with sensitivity and commitment to equality and human dignity.

Finally, there are new jurisdictions being set up to protect the Scheduled Castes from atrocities perpetrated against them and to adjudicate grievances relating to violation of human rights. Special courts including human rights courts are now functioning in different States with vastly increased powers and special responsibilities. It is important that the young entrant to the judiciary is adequately informed of these special jurisdictions and the role they are expected to play in delivery of justice.

A full course on court-craft and management is warranted in judicial training for the future. Judicial function is no more confined to trial management and few administrative/accounting procedures but has become a complex part of modern governance. The National Judicial College of USA in association with the American Bar Association has brought out an instructive volume called "THE JUDGE'S BOOK" in 1994 which provides a range of topics which should find place in judicial training everywhere. Starting with a discussion on the qualities and life of a judge, the book highlights the essential elements of judging which includes (a) listening; (b) note-taking; (c) decision-making; (d) judicial management; (e) exercising judicial discretion and (f) court room control. The National Judicial Academy is well advised to bring out a comparable volume discussing the skills and attitudes which a judge in India should cultivate in order to be successful in the profession and to endear himself to the community.

No one is born with professional capacities and all the qualities and skills necessary can be cultivated with proper motivation and training. There was a time when people used to assume the role of judging only after becoming mature and experienced with a reputation for wisdom and integrity. Today young law graduates with little or no experience in life and in law get recruited and with few months' training are put on the job. In this context, it is all the more necessary that the trainees are given adequate training inputs to be informed of judicial qualities and skills and motivated to conform to normative standards expected of the profession. Hence the need for a full course on court-craft and judicial management.

To be able to understand one's court as an institution with strengths and weaknesses, the presiding officer has to have qualities of head and heart which any leader of an organization necessarily has to possess. Of course, a court is a unique institution; yet it does involve people and procedures, norms and standards not always compatible with each other. Added to that, the mounting arrears of cases and consequent delay in disposals tend to alienate the public and undermine confidence in the ability of the system to deliver justice. Looked at in this perspective the task of judicial management is far more complex and difficult than ever before.

The process by which an organization attains its organizational goals is what management is all about. Therefore, it is good to start with the goals of justice system in general and trial courts in particular. From this, the trainee can look at the existing methods of docket management, its relation to manpower utilisation, resources distribution, record system etc. The trainee should get a total view of the judicial establishment and a micro-view of each segment of the system. Management of information is an important aspect which must be given attention partly here and mostly in the next theme of technology and modernisation. Time management is another skill which should be learnt. The importance of timely and adequate supervision and monitoring of what happens in and around the court has to be inculcated in every trainee. Man management is another aspect worth reflecting on. Finally management of the actual trial in court requires different skills which need to be cultivated if the judge has to be a good professional person. All these and more can be learnt by appropriate modules in the Academy and later through observation and participation in the company of senior judges.

Court craft involves a bundle of skills and attitudes difficult to be listed exhaustively. Nonetheless, several aspects of the same can be taught by taking the young trainee to the unique environment in which a judge is placed in court and how experienced men react to situations of stress and conflict. Avoidance of gender bias and conveying a picture of integrity and responsiveness are necessary for effective court control. Attentiveness, quick and fair decision-making and firmness are attributes which need to be cultivated. And on each of these, there is theory to be studied and practice to be undertaken. In a plural society like India, the judge has to be sensitive to the interests of minorities and careful about the language in which communications are made.

Finally, judgement writing is an art and a science which should be learnt and perfected to the extent possible. Language and communication skills are essential in this regard. Note taking intelligently in the course of the trial and questions put to counsel during arguments are helpful tips in sharpening the thinking and organizing the thoughts for writing a reasoned judgment. Findings of fact are the essence of the exercise.

Exercise of contempt powers and management of public relations have become important in contemporary times and the judge will be well advised to know the patterns and limits of such aspects. In the course of the proceedings, a trial judge may have to manage a number of other professionals and it will be wise to acquire necessary knowledge about them and their functioning. These include the police and prosecuting departments, the jail and correctional staff, the Bar Councils and the media persons.

The changes in judicial proceedings brought about by the Legal Services Authority Act, the Arbitration and Conciliation Act and similar local legislations are of considerable significance. Increasingly alternate methods of dispute settlement are being invoked by parties which are to be encouraged and institutionalised by presiding officers of courts. If imaginatively integrated, ADRs can revolutionize administration of justice and help reduce arrears and delay, two major causes for popular dissatisfaction with the system. As such, judicial training should give adequate attention to ADRs and equip the judges to lend their weight on its popular use. Equally, the concept of legal aid cannot be reduced to giving a lawyer to represent the poor. It involves settlement through Lok Adalat, public legal education, public interest litigation, law reform and giving the system a human face. In all these aspects, the judge should have sympathy and understanding to be able to direct better access to the poor and marginalised sections of people.

Judicial administration involves a total knowledge of administrative, budgetting and accounting systems associated with courts on which presiding officers have responsibilities and functions to perform. It includes disciplinary powers over staff and accountability to superior courts. The law relating to service matters has to be acquainted with by the judge. Administration is different from management and the judge should know the distinctions and their implications.

Two courses of 3 credits each are included under the theme of technology and modernisation. The challenge of the next millenium arises from science and technology. To the extent institutions of governance can absorb and respond to the technological revolution, to that extent, it can do great public good. If they do not, they can as well retard progress and inhibit human and social development. Judiciary is no exception to this emerging truth.

It is distressing to find that judiciary continues to be the one major institution in society untouched by the three revolutions of modern times, namely, technological, communication and management related changes. The most obvious example is the non-use of computers in judicial work. Procedures are archaic and they are made worse by outmoded administrative and management systems. Perhaps a beginning can be made with the training of future judicial officers. Two courses in this regard are recommended at the induction stage.

It is to be noted that the First National Judicial Pay Commission has accepted the recommendations of The Indian Institute of Management, Bangalore for large scale induction of Information Technology in judicial proceedings, its use in managing legal information systems, case flows, and networking.

It is not necessary any more to make out a case for the induction of computers and information technology in judiciary and in administration of justice. Substantial time during training in the Academy should be given for familiarity in computer use not just as a word processor but in legal research using the internet and in case and docket management using appropriate softwares. The potential of video technology in expediting trials may be demonstrated so that the trainees are aware of it even if it is impractical in the immediate future.

All project reports in different courses at the training must be prepared by individual trainees in his or her personal computers. This would give them at the end of training period complete confidence in its use and would pursuade them to prefer dictating to the computer rather than using stenographers and intermediaries who are, any way, increasingly becoming scarce in judicial administration.

Apart from computers and information technology, there are emerging areas where judicial work interfaces with different facets of science and technology which constantly change life on earth. Issues for which there are no precedents and are not susceptible to conventional styles of adjudication are being brought before courts and tribunals for resolution. Intellectual Property disputes, environmental disputes and disputes arising from bio-technology are illustrative of this emerging scenario. It will be suicidal to let future judges assume positions of power without even elementary knowledge on technology and technology-related laws which are increasingly becoming common place in society. Environmental litigation is already very much part of judicial

work and mere knowledge of environmental laws does not help in dispute settlement. Of course, no lawyer or judge can become an expert on these branches of knowledge; what is expected of them is an informed understanding of the impact of science on life and, wherever possible, an ability to become critical consumers of scientific knowledges without which dispensation of justice in certain disputes will be difficult and dangerous.

The law of evidence is likely to undergo radical changes with standardization of new technologies. The judge will be handicapped if he is unable to appreciate the probative value of new standards and concepts of evidence. The entire technology of DNA printing is an accepted method of proof today in contested parentage and similar disputes. Genetics and reproductive technologies are throwing new light on several questions of fact in which ordinary inferences are no more acceptable. It looks as though the 21st century will herald radical changes in our understanding of human behaviour through inventions in biological sciences rather than in social sciences. Naturally, law, concerned with human behaviour, has to mend fences with biology and bio-technology in more significant ways than hitherto before.

There are many more areas of law and medicine which can be suggested as possible candidates for inclusion in the syllabus of this course. Suffice it to say that a progressive training institution will keep its agenda open and continuously upgrade its instruction materials and methods with a view to train what may be called the scientific man with judicial acumen.

Two short courses each of 2 credits only are recommended to cover this theme in the training curriculum. Given the fact that complaints against individual judges are increasing and standards of accountability are diluting, it is imperative for judiciary to make an honest effort to put its house in order. The lower courts are institutions in contact with the common people all the time and they administer justice to the vast majority of litigant public. As such, the conduct of judges in subordinate courts is constantly exposed to public scrutiny and assessment. This makes it imperative for trial judges to be more and more professional in their approaches and transparent in their dealings. The code of ethics is not just the Judges' Service Conduct Rules or immunity provisions. It involves goals to which judges have to aspire for, individually and collectively to command public allegiance and judicial majesty.

The method of implementing judicial discipline and correcting erring judges should be fair and known to each and every member of the judiciary. Keeping the ultimate value of independence of judiciary and the need for protecting legitimate rights and privileges of judges, the course should aim at not only inculcating the principles of judicial ethics but also in enhancing the sense of satisfaction of judging which every professional should normally get.

Supervision of subordinate courts is an important task which does not receive today the attention it deserves. It is not necessarily personal supervision which tend to disrupt judicial work and consume lot of time and resources. It is possible through appropriate standards, periodical work auditing procedures, surprise checks, occasional meetings and friendly pursuasion to extract higher productivity and greater efficiency from individual judicial officers. It is important that while entering service and periodically thereafter, judges receive instruction on accountability systems and procedures so that they become catalysts in their professional development. It may not be possible to get accountability through conventional methods of showing displeasure or demonstrative authority for causing harm. It is important that internal mechanisms of correction and discipline are strong in the judiciary. Peer-group justice can be of help, but only to a limited extent in the present circumstances. Prevention is better than cure and this is possible if the problem is always kept in focus in judicial conferences and collective efforts are initiated to correct and reform.

This is an omnibus course which should help to round up the year-long training, relating judicial role to larger issues in society. Though courts are concerned only with disputes brought before it, judges as conscience-keepers of society responsible for justice and rule of law, ought to have a balanced view of events seeking change in established values and practices. Not all problems in society seek legal solutions; those that do, may not find solutions within the strict framework of established law. However, they do come back again and again in different forms and shapes compelling the legal community to respond with new tools and fresh strategies. This is a grey area of jurisprudence in which policy and law get inextricably mixed up challenging the judicial process for solutions.

Courts cannot deny remedies when there is injustice and violation of rights. Compensation for violation of fundamental rights is an example of such judicial response, despite the fact that it is not written into the Constitution and the laws. The history of Common Law is a vivid illustration of judicial initiatives in promoting legal developments.

The idea of having a course like this is to enable the trainee judges to have a retrospect of judicial history in social and legal developments. It will serve several purposes in training the judicial mind. It will give him an understanding of the positive and negative roles which courts played in the past in shaping human destiny. It will give him a sense of pride in belonging to a profession which is critical in directing and moderating change for public good. It can also educate the young judge about the limits of law and the need for caution and restraint while dealing with larger issues of life and development.

1. AIR 1980 S.C. 1622 .

By its very nature, this course can only be taught as a Seminar in which the topics for research and presentation shall be left to the choice of the trainees themselves. Besides using methods of empirical research, the trainee will struggle to innovate solutions keeping in mind the limitations of the legal and judicial processes. He may have to make ethical decisions and assume value premises in writing reports which reflect the extent of moderation and restraint he might have learnt during the training. In defending his opinion during presentation, he will learn to respect others' views, how to be responsible even when you are critical and how to cultivate intellectual honesty.

The Seminar paper and its defense will provide a useful tool to the trainer to assess the extent of learning and to instruct the person concerned of his strengths and weaknesses as a person and as a judge. Good papers can be polished and published which will encourage judges to think creatively and act responsibly in professional work. Respect for scholarship and motivation to learn and unlearn continuously throughout life have to become part of a conscientious and competent judge.

The Seminar should form the beginning of the continuing education programme of every judge graduating from the judicial academies.

13.8.7 Syllabi, Teaching Plans and Reading Materials

It is tempting for a teacher to prepare the detailed syllabus for each of the fourteen courses in the Induction Training curriculum and impose it uniformly on those assigned to teach those subjects in the Academies. This is precisely what is happening in many centres of higher education today. The result is non-involvement and indifference on the part of teachers actually teaching the subjects who may have different ideas sometimes far superior to those prescribed. It tends to inhibit creativity and innovation. It arrests the growth of curriculum development and tends to maintain items which are out of date. A good and enterprising trainer has to have the freedom to design the syllabus of the subject he teaches and select the materials to be used for teaching/learning and conduct the teaching through methods which he considers appropriate. The broad curricular goals and the subjects to be included in it must be sufficient to give him the intended results to be achieved by training. Similarly the specific objects identified for each subject should convey to him his responsibilities vis-à-vis those subjects in the total scheme of things. Of course, he needs to interact with others teaching other parts of the curriculum to achieve co-ordination and integration. He should subject his course design, teaching plans and study materials for critical scrutiny by the entire faculty and other experts. Once such an exercise is done, it should be left to him to do the best he is capable of in accomplishing the objects of the course in the training programme.

There are ready made syllabii available for all the courses in the literature produced by judicial training academies from around the world. They may be consulted, but not copied blindly. Individual teachers might commit mistakes; it is better that they are corrected by themselves rather than prevent them from venturing this essential step by producing a syllabus authored by somebody outside without his participation. It is therefore expected of teachers in judicial academies to design the syllabii themselves in the light of the objects and scope explained in the earlier paragraphs of this chapter.

Another practice which should be institutionalised in the Academy is to get every teacher prepare a teaching plan at the commencement of each course every year for each subject. The teaching plan should contain (a) an introduction of the subject and its importance; (b) the specific objects to be achieved by studying it in the total training programme in terms of knowledges and skills; (c) the content of the subject to be studied organized into specific modules supported by essential and recommended reading materials for each module; (d) the period of time apportioned for each module; and (e) the method of teaching and assessment proposed. A teacher making such a plan for the whole subject will necessarily has to do his home work well and convey his scheme clearly to the trainees in advance. He will have a responsibility to adhere to the plan as well. Students will know in advance what is in store each week, prepare for each session and can monitor the progress of teaching/learning course-wise. It will help organize the plan of study by each trainee and promote self study for the really enterprising amongst them.

The reading materials may either be put together or referred to with appropriate citations so that the trainees can reach them easily in the Library. The discussions in the class room will be more focussed and analytical. The quality and quantity of learning will be discernibly superior if the teaching plan system is honestly implemented.

If each State Academy were to evolve such syllabii around the six major themes identified for induction training, it could be compared and refined by the National Judicial Academy for consideration of the trainers in the succeeding year.

13.8.8 Practical Training through Field Placement

As per the curriculum proposed here, four months of training for every fresh recruit to judicial service, is to be spent in the field under supervision. At present there is no uniform pattern in this regard. Admittedly, this is the segment which gives the trainee hands on experience which shapes his attitudes, imparts the skills and endows the confidence more than any other component of training. However, to achieve the intended results, the practical training through field placement has to be carefully prepared on an individualised basis and imaginatively implemented under supervision. This involves enormous organizational and monitoring work which demands all the ingenuity and enterprise of the faculty in charge of training.

Since individualised schedule and supervision has to be arranged, it is advisable to have 10 trainees only under each teacher. The teachers involved have to get together and draw up the various components of training which are common to all and those specific items relevant to identified groups of individuals. The pattern followed in the LBS Academy of Administration, Mussorie for training of IAS Probationers can provide some useful tips in the designing of the programme using maximum available resources and opportunities for learning.

It is desirable to identify specific goals of learning while in placement with police department, jail administration, district administration and with senior judges or administrators in the court system. It is important to be selective in identifying the personnel in these departments to whom the trainees are deputed as they can make or mar the programme. They should appreciate the scheme and the goals to be achieved and should be willing to share the responsibilities for instruction and guidance. The placement training scheme for senior students adopted by the National Law School of India, Bangalore may be revealing and instructive in this regard.

Occasional workshops at periodical intervals during the field placement will help to clarify doubts, assess the progress of learning, correct distortions, if any, and strengthen the programme mid-course appropriately. It also helps to integrate field experience with what is learnt in class room and to reflect on the gulf between theory and practice. Further, it enables trainees to learn from each others' experience and to moderate perceptions of law and life. Self-study can be encouraged by workshops and group exercises with limited guidance from the Faculty.

A good strategy for developing successful individualised field placement schedule is to consult the candidate concerned and accommodate his suggestions to the extent possible. Documenting the experiences systematically which are examined by the superior periodically is a good strategy to augment the learning experience.

The final two months of training at the Academy is a crucial period to consolidate and internalise all the learning to which a trainee is exposed both in class room and in the field. The Seminar courses proposed during the period and the projects he writes at that time are bound to be productive and instructive.

A final point recommended here is to consider advising those who do not make the grade to continue in the Academy for another course of training. Perhaps, a fourth of each batch may need to have retraining if the quality is to be controlled and standards are to be improved.

13.9.1 Apart from induction training of fresh recruits, there are two other training tasks which judicial academies have to perform. Firstly, a crash programme of orientation and sensitization programmes to the officers already in position at the primary and intermediate cadres has to be mounted with a view to fill up the gaps in their knowledge and skills as envisaged by the new curriculum. These can be attempted by week-end workshops, distance education techniques and special short-term courses focussing on knowledge, skills and attitudes. Computer literacy and management skills can be imparted through appropriate modules in these localised orientation training programmes selectively organized depending on local needs and resources. It is important that these courses are available to everyone of the existing cadres during the next two years or so.

The orientation courses are to be tailored to local needs and, as such, are not amenable to one standardized format. The judicial training institutions should look into the recommended new curriculum for Munsiffs/Magistrates and compare it with the training the existing officers had when they were inducted into service to find out the focus and content of orientation courses. There are instances where officers have been appointed without any substantial training whatsoever. It is necessary to remedy this deficiency as early as possible; otherwise its adverse consequences will be felt for long time in the service. In view of their job experience even though for a limited period, it may be possible to condense the syllabus, collapse the courses, adopt easier training methodologies and avoid field placement training in these orientation programmes. At least part of such training may be given through study materials supplied while at work and occasional seminars held in different districts around such materials. It is desirable, however, to frame appropriate syllabii spelling out the specific objects of each programme and proposing a teaching/study plan to be accomplished within a reasonable time-frame.

The orientation courses may be slowly tapered out over the next few years depending on the progress made in imparting the basic training to everyone of the subordinate judges with less than, say, five years of work experience. Hopefully in about 2 to 5 years depending on the size of the workforce and availability of resources, everyone of the officers in the Munsiff/Magistrate cadre would have received the basic training recommended under the new curriculum.

13.9.2 The in-service training courses for officers with 5 or more years of experience and for senior judges of the District Judiciary may be brought under the scheme of Continuing Education. This is the second important task which judicial academies have to undertake to give the judiciary the competence and quality it badly needs today. There is no profession today which can perform its tasks competently unless the knowledge and skills of its members are continuously upgraded by collective and individual efforts. The explosion in knowledge in recent times has made it impossible for individual practitioners to keep abreast of professional developments by individual efforts alone. The need for multi-disciplinary approaches and skills for rendering superior quality services and to meet the higher demands of consumers of services have made organized, systematic continuing education imperative for lawyers and judges. In many Western countries certain credits in such courses at periodic intervals is a condition precedent for continuing in the practice of the profession. There are institutions imparting such training under professional supervision. In India, there are no such institutions as yet; some refresher courses and seminars are occasionally organized on optional basis which are more in the nature of social get-togethers rather than serious educational exercises. In this context, the task before the Academies is challenging and complex given the ego problems arising out of judicial hierarchies and the absence of any compulsion from the judicial establishment.

13.9.3 Identifying, articulating, explaining and justifying the short-term and long-term changes that the courses aim to bring about is the first step in developing continuing education programmes. Almost everybody within the judiciary and outside will agree that judges need continuing education for increased efficiency and better sensitivity to changing needs and demands. But unless the needs can be articulated at the micro-level with respect to specific problems, it is not possible to induce change at the organizational or individual level. This is the primary task of every trainer attempting to induce change in desired directions.

How does one determine the desired directions? This is the task of the organization and of legislative/judicial policy planners. For example, expediting judicial proceedings and reducing delays and arrears in the system is a desired goal. This can be achieved by a variety of ways such as changes in the laws and procedures, re-structuring of institutions, eliminating the causes which induce people to seek or cause delays, and training the decision makers and administrators to adopt particular patterns of behaviour promotive of expedition. While the first three are systemic and organizational goals, the last one is the training goal.

The training goals are achieved by a series of sustained efforts on different fronts. Some of them are achievable in the short-term while others can come about incrementally and fully achieved only in the long run. This depends on a variety of environmental factors all of which are not susceptible to control by the change agents like the trainers and administrators. As such, every trainer has to adopt a step-by-step approach in order to ensure success for inducing change through training. As is explained elsewhere in this report, no reform in laws and structures can by themselves achieve the desired goals unless the man operating the system lends his weight towards change. Ultimately, in the justice system also it is the human element which can bring about the desired change to the desired degree. Hence the critical importance of training and re-training of judges on a continuing basis. It is the recognition of this fundamental truth which justifies investment and effort in continuing education of judicial personnel.

If elimination of delay is the goal and behavioural and attitudinal changes in judicial officers are instrumental for the same, the trainer will have to identify why judges behave as they do and what can motivate them to behave differently and how. This is what is called assessment of learner needs. What information and what type of skills can help the learners learn most within available time and resources? A needs assessment should always be the first step in any educational planning. In most training programmes, the needs assessment exercise is a combination of two factors, namely, (a) learners' expectations from the training and (b) the trainers' assumptions on what the learner should gain from the training.

There are several ways in which the above two factors can be addressed in order to get a clear picture of learner needs. The trainers' own personal experience with similar activities would help to identify some real or perceived needs. Informal conversations with the learner group or a survey through questionnaires or interviews with learners in advance of developing the course is an appropriate strategy to gather or verify learner needs. The trainer can seek feedback from specialists within the judiciary or outside which can form a great resource in identification of learner needs. Past evaluations of training programmes are also instructive in this regard. Of course, the judicial policies and organizational goals which Chief Justices' Conferences or judicial officers' association meetings or law commission recommendations might have articulated, could give ideas on the need expectations of the system from the learners (judges).

13.9.4 Armed with information on learner needs, the next step for the trainer to take is to write out what he expects the learner to achieve from the training. What information he should get, how much of it he is to retain, what type of skills he should acquire, what existing practices or attitudes he should give up etc. must be spelt out and explained while writing out the learning objectives. Though preparing learning objectives is essential for all systems of education, in the case of adults involved in continuing education, such a step is essential if the training has to have any impact on them.

Unfortunately some of the training courses which attempt this strategy have confused system goals with learning objectives. Statement of goals which the judicial system should aspire for is not statement of learning objectives. Therefore, merely saying that the course is intended to upgrade knowledge or improve skills is not a statement of learning objectives. They are more of the nature of goals rather than specific targets aimed at in a 3 or 5 day continuing education course. Merely stating that the course aims at "Gender Sensitization" or "Sentencing Practices" etc. is also not conveying learning objectives. Learning objectives are the reactions and responses which the trainer expects from the learners. These responses can be of different kinds and at different levels all of which should be clarified in the statement of objectives. For example, if information-giving is an objective of the course, the statement should clarify whether it is intended to enlarge knowledge in particular areas, enhance understanding and comprehension of specific tasks, ensure long-term retention etc. The idea is to explain to the learner the significance of the information imparted and to convey to him as to what cognitive level of learning it is aiming at. Newspaper reading also gives information; but we seldom retain all that we read. In adult education, information intended for application and comprehension will have to be organized in such manner as to enable retention and repeated recall. Hence the need for stipulating the cognitive level of learning in clarifying objectives when information giving is an objective.

13.9.5 Similarly, another type of learning objective is change of attitudes which operates at the affective level of learning. It is a more challenging task in training. Attitude is a state of mind which reflects the value disposition and degree of commitment of the learner. In adult education, there are techniques available to influence these aspects of the character of the learner. Depending on learning objectives, they may be employed in pedagogy and motivation. They have to be identified and explained as objectives of the proposed training.

13.9.6 A third type of learning objective is at the level of behaviour. Ultimately every training expects behavioural change for which the trainer has to know the trainees, understand the milieu in which they operate and develop programmes in such a way as to strengthen the performance by playing on emotional and environmental factors. The statement of objectives should convey to the learner what behavioural changes are expected at the end of the training.

The stipulation of learning objectives should naturally evolve out of the learners' needs assessment. The objectives should be written out with clarity and specificity so that every learner understands what is offered and what it aims at. This will also help in evaluating the progress of learning and to adopt the training accordingly.

It is recommended that in the statement of objectives, the trainer avoids the use of terms such as "understand", "know" which are expressions difficult to verify or evaluate. On the other hand, if the statement of objectives were to say - "As a consequence of learning this module of the course, the learner will be able to conduct (verify, revise, negotiate, mediate, analyze, list, solve, construct, demonstrate, decide etc. etc.) sentence hearing in the spirit of the statutory parameters" - it is possible to measure learning and improve training strategies.

13.9.7 The National Judicial College, USA came out with a useful Practical Guide for Effective Presentation Strategies for Judicial Educators. It is an excellent summary of some preparatory steps which trainers have to undertake to maximise the usefulness and impact of training programmes. In writing this chapter of the report, consultation with the above publication has been useful and is acknowledged. (Alayne Casteel and Gordon I. Zimmerman, Faculty Course Development Guide, Reno, Nevada, 1997).

The above publication gives a checklist to assist the development of learning objectives. It includes :

It seems wherever trainers in Academies undertake so much of preparatory work in developing their programmes, it is bound to make a difference in the quality of training given and the impact it is likely to achieve in terms of training objectives.

13.9.8 In continuing education, generally, curriculum for induction training has to be excluded. It is, however, not possible to give uniform course content and structure for this type of training. But for promoted Civil Judges (Sr. Divn.) and District & Sessions Judges, the subjects which are relevant in their day-to-day administration of justice, must be identified. It may be stated that the coverage of all topics uniformly at the training in continuing education is not always necessary. Some topics may require more time and attention, while others can be left for self study and quick review. What is important is to accommodate some amount of flexibility in time and coverage, keeping the priority of the subjects appropriate to the needs of the Officers participating in a particular course. This course will have to be selected by the Academy concerned. However, we may broadly indicate the subjects, such as :

1. Law relating to Land Acquisition

i) Scope of enquiry

a) In reference regarding valuation

b) In reference regarding title.

ii) Principles governing award of compensation.

In the recommended curriculum for Induction Training, each subject has been given specific number of credits to indicate the weightage assigned in terms of time, resources and importance. Similarly within a subject credits may be assigned to different modules to indicate the time and attention required to be devoted in the training. This depends on needs and objectives of the course concerned.

The structure in which topics are arranged and the style in which issues are framed can contribute a great deal in facilitating discussion in a focussed manner. The time and occasion in which interactive learning methods are employed also add to the maximisation of learning pace and opportunities. These are considered to be minor details and are often taken for granted in the usual course of business. However experience tells that more attention and detailed preparation in all these aspects contribute to better learning and greater success in training.

13.9.9 The method that is usually employed in most of these courses is the Lecture-cum-Discussion. Lecture, no doubt, is useful provided the lecturer comes with adequate preparation and knows well the end-result to be achieved at the end of the session. No teaching even in one session can entirely be through lecture alone. Too much of continuous lecturing will severely limit the learning outcomes. There is no way of assessing how much the learner is learning in a straight lecture. As such, audience participation is invoked through questioning from either side. If the lecture is supported by visual aids like charts, slides and other visual demonstrations, the impact will be greater as attention will be focussed and sustained. Sometimes activities in the class where trainees are asked to take sides on a controversial proposition generate enthusiasm and participation. Sometimes distribution of a hand-out seeking written responses interrupting lecture can do some good in facilitating learning. Of course, use of black-boards, flip charts etc. are necessary even in lectures. Body language, conversational mode, eye contact, time management, pre-views and summaries of topic presented, humour and illustrations, repetitions and modulation of voice are all useful tips in improved lecture method of teaching.

Using transparencies with an overhead projector is a good practice provided the classroom has good facilities to give a clear view to all members of the group. Transparencies can be used to convey the lecture outline, facts of a case being studied, to raise issues for discussion, to present alternate responses, to suggest check list or guidelines and help review of the material.

Use of black-boards and flip charts is particularly beneficial in participatory learning. The instructor can write down in telegraphic language all the responses from the trainees to a question emphasising those which the instructor considers important. Of course, the writing should be clearly visible to everyone in the class.

Use of video-tapes can present difficult issues in perspective if the group is prepared in advance and necessary instructions in what to do while viewing are given to the trainees. Sometimes the video presentation may need to be stopped for a while to have a brief point raised which otherwise may escape their attention. Every video-presentation must be followed by a discussion on the information carried, messages conveyed and follow-up action required.

The Seminar or Group Discussion methods are appropriate for participatory learning in situations where the problems are complex and experiences are as important as perceptions and information. The moderator has an important role here as he can give an overview of the topic, identify key questions arising out of presentations and elicit alternate responses. If the group is large it can have "break-out" groups in which learners will get greater opportunities for participation. Break-out groups, after an hours' discussion on an issue, can assemble again in seminar/conference and report back. Good seminar leaders apprehend problems of group dynamics and do necessary ground work for maintaining enthusiasm and momentum.

The Panel Discussion by experts is effective to cover vast information on controversial issues and to engage the audience to interrogate received notions and to rethink on assumptions and conjectures. By intelligent and imaginative moderation, the teacher can apportion the time, emphasise the issues, complement the presentations, maintain the attention of the audience and co-ordinate the process for achieving the learning objectives. The Panelists should exchange thoughts with the moderator before the discussion takes place in order to sharpen the focus of the proceedings and to evoke participant interests. The moderator must get the questions from audience quickly and put it sharply to save time and to share the learning widely.

The "role playing" technique is another device which promotes interactive learning among adults. When there are different stake holders as in a court room, the role playing device can simulate an environment in which actors are forced to demonstrate their capacities in comprehension and application. Roles can be reversed and action repeated to give exposure to other dimensions. When challenged by other players, they are made to think of strategies and ethics along with knowledge and attitudes.

13.9.10 Course evaluation is to be an integral part of every continuing education programme. As far as possible, each subject should be separately evaluated. Evaluation can be oral or written or both. Evaluation is done by gathering trainee reactions to each topic, each speaker, general organization and reading materials supplied. On each item participants may be asked to give their rating in a seven point scale ranging from 1 to 7 or from poor to excellent. Besides, they may be asked to give their specific remarks as and when necessary.

Faculty members can also do the same exercise with necessary changes in the evaluation schedule. An evaluation by trainee judges after few weeks of the programme giving reflections on the course in the context of their professional work will bring out some ideas for improving the course for the future.

Course evaluation is primarily intended to assess the extent of learning. Secondly it serves to know the strengths and weaknesses of the course in order to improve future programmes. Thirdly it gives seriousness to the entire exercise and helps trainers and trainees to improve themselves in their tasks.

Continuing education courses are in a sense more difficult to organize purposefully because of the nature of participation and the range of issues they are expected to address. Nevertheless, that is the only strategy to equip the judiciary to respond to the needs of justice and to the legitimate demands of the public. Judicial Academies will get popular support to the extent they can fulfil this objective.

An issue on which continuing education is widely recommended for judges at all levels is "Gender Bias in Courts". To design a series of training programmes in this regard, we need to know (a) actual training needs on the topic; (b) what the training can and should achieve (object); (c) the training design and structure; (d) the training methods and materials; and (e) the assessment or evaluation of training to give feed back on learning.

The subject can be dealt with in courses ranging between one day's duration to one month's duration. Ordinarily, a topic like this for in-service training cannot expect to have time of anything more than a week-end ie., about 2½ days beginning from a Friday afternoon and ending by Sunday evening. Serving judges of a given State may be sponsored by the High Court to participate in the Refresher Course of 2½ days' duration. Let us assume that 25 judges of the same cadre are nominated 6 to 8 weeks ahead of the commencement of the course. The question is what are the activities you, as a trainer, are going to propose in the time available in order to achieve a change in gender-based discrimination in courts and tribunals? What steps you will undertake to design an appropriate programme?

13.9.12 Consider the following sample design, critique it with a view to improving upon it and re-design for your purpose.

District and Additional District Judges nominated by the High Court - Limited to twenty five participants - Residential.

2½ days - Week-end - At Judicial Academy

Judges are obliged by the Constitution, the laws and oath of office to avoid gender bias not only in their own decision-making but also in court interactions on which they preside. Despite this obligation and occasional outcry from feminist groups and the media, there is a substantial body of evidence indicating continued sex-based discrimination in courts vitiating the commitment for equal justice under law. Much of it is the product of received myths and misconceptions, discriminatory laws and customs and the prevailing notions of cultural stereotypes in society.

There is some data available today on the nature and extent of gender-based problems in our courts and how individual judges have been trying to eliminate gender bias in courts with varying degrees of success. This course is intended to examine such data with a view to evolve capacities, strategies and attitudes in presiding officers of courts to eliminate them from judicial processes.

The course is specifically designed to enable participants -

2.30 PM - 3.30 PM Session II

Lecture - Discussion on "Women, Equality and Law"

Faculty : A law professor familiar with issues of equality debate and an expert in laws relating to women.

Reading Materials :

i) Select constitutional and statutory provisions on Gender Justice.

ii) Excerpts from select reports and studies on the subject.

Note : This is a perspective session aimed at refreshing the information of judges on the problems of inequality women face in society and in the judicial system (Based on selected empirical data listed in reading materials). The session will also acquaint the judges of what the legal responses have been and how they have fallen short of the standard of commitment to equal justice (Based on relevant statutory provisions, judicial decisions and expert committee findings included in reading materials).

The lecture will be limited to half the time of the session and will be interspersed with visual material with the help of OHP or slide projector.

The synopsis of the lecture raising the issues will be circulated to participants in advance and participants will be encouraged to react, thus making the very first session interactive, though in a limited way.

The discussion is likely to spill over to the coffee break giving a momentum to the workshop and an active environment for the sessions to follow.

3.30 PM - 4.00 PM Break for Refreshments

Topic : Domestic Violence Litigation and Gender Justice Issues

Faculty : Two pre-selected participants of whom one is a woman, a judge of the High Court having reputation for sensitivity to women's rights and the trainer of the Academy in charge of the course.

(1) Edited cases relating to dowry death.

(2) Selected excerpts from case files relating to divorce and separation

(3) Research studies and Law Commission Reports; relevant portions only

(4) Excerpts from Sakshi study on Judicial Survey of Attitudes (1996).

- Short presentations on the problems and issues;

- Moot Court/Role playing;

- Break-out meetings in small groups analyzing select issues and reporting back;

- Summing up by the trainer-moderator.

Note : This session has four objectives -

Participants will be encouraged to write down their impressions on the two sessions held in the afternoon and turn in their comments on the following day which will form part of the evaluation.

Topic : Rape Trials and Problems in Equal Justice

Faculty : A Prosecutor with expertise in conducting rape trials and a Defense lawyer preferably a woman; a High Court Judge who has written opinions in rape appeals and a woman activist familiar with issues of gender justice in sexual violence cases.

The session will begin with a short video-clipping on the trauma of rape victims and medical opinions on the problems arising therefrom.

It will then be followed by short presentations on the experience of prosecutors and defense lawyers in conducting rape trials.

The discussion will then be initiated by the social activist focussing on what women expect from the courts, prosecutors and defense attorneys. The trainer who moderates the discussion will seek division of the house on controversial issues with a view to involve the judges at an affective level. He would also provide comparative perspectives from other jurisdictions with the help of charts and transparencies.

The High Court judge will then reflect on why and where appellate courts intervene in trial court judgments and what High Court expects the trial court to do in respect of gender equality in rape and related sexual violence. The participants will be encouraged to question the interpretations taken by the appellate courts.

This session is bound to be lively involving almost every participant. At the end of the three hour-long session participants will get -

Faculty : A Senior Family Court Judge, a Family Counsellor (Conciliator) attached to the Family Court and two pre-selected participants with experience in matrimonial jurisdiction.

Session to begin with a 30 minute Moot Court of arguments in a trial case - Trainer to present the facts in advance and introduce the two participants who will represent the parties. The Family Court Judge to preside - After judgment, participants to raise questions and offer comments for 30 minutes.

The Family Court Judge is then to give a presentation on how the Family Court is different from an ordinary civil court in the matter of gender justice. Participants to offer comments on how far conciliation/counselling can be a necessary part of all matrimonial cases and what are the skills and attitudes necessary therefor.

The last one hour of the session will be small group conciliation/counselling exercises on assigned matrimonial petitions in which the participants will play roles and record their experiences in the exercise.

Besides acquainting the judges on the peculiar problems experienced by women in matrimonial proceedings, this session will (a) expose the participants to the skills necessary to deal sensitively on matrimonial disputes; (b) help identify usual prejudices associated with dealing such litigation; (c) promote understanding of the dynamics of inter-personal relations in marriage which should help in negotiating mediated settlements; (d) provide ideas from behavioural sciences on how to deal with child custody matters while being fair and just to the woman involved.

As on the previous day, participants will be asked to write down their specific comments on a proforma circulated in respect of what they learnt or failed to learn in the two sessions. The proforma will be so prepared as to probe the extent of gender sensitization of the respondents in respect of a criminal proceeding as well as a civil proceeding (rape and divorce/custody).

Faculty : A woman trade unionist, a member of the Women's Commission, a High Court Judge experienced in labour disputes and a woman journalist reporting on women's issues.

The session will start with a little quiz on participants' perspectives and beliefs on discrimination and harassment of women at work place. Using the flip chart the trainer will consolidate the responses in the class in such a way as to project the range of gender-based prejudices and problems.

This will be followed by a Panel Discussion amongst the faculty, each highlighting one or other dimension of the problem. The moderator will focus attention of the group on major biases and injustices raised keeping in focus the role of the judge in moderating or aggravating the impact of such biases on womens' right to equal treatment and dignity.

The final part of the session will be devoted to small group interactions on writing out a code of judicial conduct in reducing gender-based inequalities in dealing with employment-related disputes and in court administration.

Note : At the end of this session, participants will have (a) clearer understanding of who and where women experience discrimination in work places, (b) acquire minimum skills to be able to correct the imbalances when such disputes come before them and (c) help provide a more gender-friendly atmosphere in the courts.

Faculty : Chairman of the Bar Council/Bar Association, representative of the Women's Bar, and two participants of whom one to be a woman.

The Session will largely be based on brief presentations by the Faculty. However, the initial few minutes will be devoted in ascertaining the perceptions of participants on what they consider to be the state of affairs at the bar and in court proceedings. The participants will be asked to write in a piece of paper three instances which in their belief can be discriminatory of women in the bar room, court offices and in court transactions including trial.

Besides sensitizing the judges on the problem in their own midst, the session will help in drawing up a judicial code of conduct to create a more gender-neutral atmosphere not only to women lawyers and judges, but also women litigants, women witnesses and women employees of courts. Judges will begin to realize the need to adopt gender-neutral language, avoid sexist remarks, renounce double standards wherever they exist and to respect women's dignity particularly of those belonging to minority sections of the population.

3.30 PM - 4.00 PM Break for Refreshments

Evaluation and Valediction

Points to Consider :

There can be many variations of the above design depending upon the specific needs of participants, time available for training and resources which the Academy commands. The point to be noted is that a well-thought-out training design is a pre-requisite for the success of in-service training. Such design should necessarily be based on a needs assessment on which specific objectives to be achieved by each session/module should be spelt out clearly. Participants should be involved as much as possible for which the training methods should be varied and interesting. Lectures ought to be kept to the minimum and each session should be co-taught by a balanced mix of experts carefully chosen and adequately briefed on the expected outcomes of their respective sessions.

Too much of reading materials even if distributed will not be read. As such, careful selection and proper editing should be done well in advance. For a course of 2½ days' duration, it is prudent to contain the reading materials to about 100 neatly typed A-4 size pages. The reading materials should be supplied in bold print with titles and sub-titles and, wherever possible, with short catch notes/summary of points. Additional reading materials may be listed after every module/topic and such materials may be kept in reserve in the library for participants to browse through. Some participants are likely to take special interest in topics of their choice and would be wanting to learn more on their return to their respective stations. Certainly they would be wanting to consult as many materials as are available on a given proposition as and when the issue confronts them in the course of their professional work. The reference list given in the reading materials will be the initial resource to fall back upon.

As far as possible at least a small number of participants must be invariably asked to read the materials in advance and to react in each session so that those who have not read the materials will also be benefitted. It is a good strategy to force participants to bring the materials in class and consult relevant pages occasionally during the session.

Evaluation in a prepared proforma at the end of each day will be more beneficial rather than be content with a general evaluation at the end of the course.

If the course were to be repeated, few of those judges who were participants in the earlier course may be invited as faculty for the succeeding course.

There may be an opinion that what is presented here for a 2½ day course is rather too heavy and taxing to the ordinarily overworked judges who expect some relief and relaxation in a week-end retreat. It is important that continuing education to succeed must endeavour to remove such impressions which have been created all around from the way they are conducted at present. These are costly exercises and the benefits should outweigh the costs if they have to be sustained with public support. As such, it is desirable to make it tight involving the participants in some or other useful activity all the time available. By corresponding with participants well before their arrival at the academy, they should be prepared to put in their effort and time totally for their own benefit.

On an average, every judicial academy should offer at least one hundred residential continuing education programmes of short and long duration (week-end courses and week-long courses) every year catering to at least 500 to 600 judges. If the facilities and resources immediately available are not adequate for the task, academies may consider the strategy adopted by the Gujarat High Court under Hon'ble Chief Justice B.N. Kirpal's initiative. It is called mobile academy for training of judicial officers under which the trainers will reach out to each locality rather than asking the trainees to come to the headquarters. Every week-end the team moved to district and tehsil towns where the judges of the locality assembled to receive continuing education packages.

Nothing short of a crash, massive, organized effort can achieve the objectives of preparing the judiciary for the urgent tasks awaiting attention.

Another major activity, judicial academies should undertake to improve efficiency and productivity is the training (induction and in-service) to be given to senior members of the ministerial staff of courts. Without their willing and competent support services, judges would not be able to accomplish the goals of judicial education and training. Today no worthwhile training is available to them and they operate by and large in the same way as they were doing their job in pre-Independence days. Added to such archaic methods, corruption and indiscipline have crept in making the judicial system the most slow, increasingly costly and unnecessarily complex wing of the Government. The judicial establishment even today is untouched by the management information revolutions which have overtaken many sectors of life and governance.

It is to be noted that with the expert inputs from the management people, this Commission is making recommendations to transform the judicial establishment computer-friendly and management-driven to achieve results in the next few years. As part of this package, training of court staff is likely to come out strongly for early implementation. This report, therefore, has not discussed on the training of non-judicial personnel of the court system excepting to say that it should evolve simultaneously with the training of judges.

13.10.1 Though individuals are responsible in building institutions, it is the structure, character and traditions of institutions which can sustain and improve standards of performance long after the promoters have disappeared from the scene. The goals set, the traditions built, the work culture developed, the extent of academic freedom provided and the type of core team of trainers initially assembled will largely determine the potential of the Academy to deliver and deliver it well. As such, great deal of attention has to be bestowed in selecting the Faculty and giving necessary autonomy to the Academy. It cannot be kept as an appendage of the High Courts almost entirely dominated by judges who may not have the time or interest to look after the efficient working of the Academy. Teaching is different from judging and the two should not be mixed up if teaching and research have to be competitively superior and the institution has to assume a character and status of its own.

13.10.2 The organization may assume one of different models. It can be created under an independent statute in which case it will not only enjoy the required autonomy but also can, if desired, shape up into a university which can award degrees in judicial administration or court management. The Judicial Academy in Bangladesh is established under a statute of that country's Parliament. Another model is that adopted by the National Judicial Academy in India which is formed as a registered society with limited membership mostly of judges and officials of the Government of India which provides the funds. A third model is what prevails in many of the States under which through an Executive Order, an academy is established under the joint control of the High Court and the Department of Law of the State Government. The money comes from either the High Court budget or grant from the Law Department. A variation of this model is the Directorate of Training sponsored as a unit under the direct control of the High Court.

Each model has its own advantages and disadvantages. A uniform model is perhaps not practical even if desirable. Whatever the organization, a State academy can function effectively only if some basic principles are adhered to. These include :

A new work culture which is exacting, business-like, and performance-oriented if not generated in the Academies, it will end up like mediocre, self-serving white elephants of the kind we have plenty in this country. The practice of sending people out from parent departments to training institutions when they are unproductive or otherwise not desired in service is to be totally abandoned if training is to become serious exercise directed towards efficiency and excellence.

10.3 The organization of a State Academy can by and large participate the following model if it should have the potential to develop into a centre for excellence in judicial education and training.

An organization simple, transparent and participatory like the one suggested above can keep the functioning informed and co-ordinated. It provides a structure which is democratic and at the same time leaves operational freedom to every group and individual in assigned spheres of the collective enterprise.

Though the Directors are executive officers of the organization they are accountable to the Staff Council. Being an academic institution it makes sense in making all academic staff irrespective of the ranks they hold to be members of the Staff Council. There is no need for administrative members to be members in the Staff Council as their representation can always be had through Director (A). In cases of complaints, the Grievances Committee can always probe and recommend necessary corrective action. Unnecessary hierarchy of posts and positions in academic institutions concentrating the decision making power tends to destroy institutional integrity, promote factional interests and undermine the capacity of the institution for academic excellence. Similarly avoidable external controls on routine matters even if they come from superior judges are unwelcome for institutional development and faculty performance. Such supervision can be streamlined through the Board meetings, appointment of investigating committees wherever necessary and evaluating performance critically demanding accountability from each and every individual in the staff of the Academy.

13.10.4 The annual budget of the Academy for running expenses is expected to be of the order of rupees three crores to begin with. This may increase in the course of time with expanded activities and inflation. In any case, by 2010 the annual budget is unlikely to exceed rupees five crores if staff appointments are strictly controlled and prudent financial management introduced. A tentative break-up of major items of expenditure assuming the budget to be rupees three crores, is given below :

1. Salaries (Academic Staff)

Directors Rs.30,000 p.m., Professors Rs.25,000 p.m., Associate Professors Rs.20,000 p.m. and Assistant Professors (Lecturers) Rs.15,000 p.m. and Guest Faculty @ Rs.10,000 p.m. - Total of 20 persons of all ranks will come to Rs. 60 lakhs annually.

2. Salaries (Administrative Staff) ... Rs. 40 lakhs per year

3. Library and Equipments ... Rs. 100 lakhs per year

4. Maintenance, Utilities and Services ... Rs. 50 lakhs per year

5. Guest House, Hostels and Miscellaneous... Rs. 50 lakhs per year

Of course, the above is too sketchy a budget and adjustments may have to be made within it or some excess (in any case not to exceed Rs. 5 crores even after 5 years of operation) will have to be provided for unforeseen expenses. This is estimated on the assumption that the Academy will have the Campus built, furnished and provided with minimum equipment. It is also assumed that the full complement of the faculty in terms of staff will be about 20 full-time academic personnel, 30 administrative personnel and 10 to 15 visiting/guest faculty.

If the Academy takes up extra training or research projects it will be fully financed by the sponsors which will bring in a certain percentage of institutional fee also to the Academy. Any growth in activities should be on the basis of self-generated funds for which specific guidelines may be evolved by the Board of Governors.

It may be noted that the budget of the judicial academy is recommended to be balanced as follows :

(a) Salaries - one-third

(b) Library & Equipments - one-third and

(c) Maintenance & Consummable items - one-third

If this proportion is not acceptable, the Staff Council should make out a case why it should be varied from and in what proportions. Financial discipline self-imposed and self-supervised can bring in better results in a small organization than the style found in large offices under the Government. It may also be noted that the staff are reasonably well paid according to current market rates and the differences in salaries between different ranks are not very substantial. It should also be possible for an Assistant Professor to rise to the level of Professor in about 10 to 12 years provided his performance is commendable. For a Professor the incentive is in terms of recognition/awards, consultancy work from outside under pre-arranged conditions and fully paid research projects for which he can employ separate staff provided the time devoted by him to the project is within permissible limits.

13.10.5 It was the dominant opinion of judges in the country that a National Academy and State-level Academies are to be the best organizational arrangement for judicial education and training. Though regional academies were not favoured, it was suggested that smaller States in any region may jointly set-up and manage one common academy. Thus constituted, India may have one National Judicial Academy and about 15 to 18 State-level Academies. The total cost of running such a network of training centres for judges and court staff will be in the range of 75 crores of rupees per year which is not a huge cost in the context of the size of the country and the benefits it provides for more efficient administration of justice. Even with cost escalation it will not exceed Rs.100 crores per year which perhaps the Central Government may fully take care of under Plan funds.

The National Judicial Academy is reportedly developing an impressive physical structure in a 100 acre campus in Bhopal costing over Rs.50 crores. Once ready by the end of this year, its academic activities will be launched hopefully in an equally impressive manner in terms of the quality of training offered. As it is totally independent and managed by a Governing Board with Chief Justice and judges of the apex court one can certainly expect it to be setting up standards for the State Academies to follow.

13.10.6 One of the priority tasks for the NJA is to train about 100 trainers to manage the State Academies in the next couple of years. In this task the NJA may seek advice or assistance of some of the best run judicial academies of some of the developed countries. The National Judicial College in the United States is one such leading centre for consultation. There may be something to learn from the way the National Law School of India University (NLSIU), Bangalore, developed its curriculum and teaching methods and shot into prominence as a centre for excellence in legal education in less than ten years. Fortunately the Chief Justice of India and a number of judges of the Supreme Court and High Courts are associated with the management of NLSIU which should facilitate exchange of ideas and experiences for appropriate development of the NJA.

The structure of academic activities of the LBS National Academy of Administration at Mussorie and the SVP National Police Academy at Hyderabad will provide additional inputs in structuring the curriculum and training methods at the NJA. Again, the methods employed in IIMs and IITs would provide useful tips for better productivity and excellence.

The NJA in turn, has to perform a catalytic role in upgrading the existing State Academies and in establishing such institutions in States where there are none at present. Till such time States are able to launch such institutions, NJA may have to cater to the needs for training of judicial officers of such States which may be organized by the NJA in the respective States themselves. The strategy is a national projection of the "Academy on Wheels" initiated sometime ago by the Gujarat High Court for subordinate judges in the State who could not be spared for long periods to undergo training in institutions outside their headquarters.

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