Judges Training

Syllabus proposed by Law Commission of India for the training of Subordinate Judges

Report No. 117

Contents for the Three Types of Courses (to be Suitably Adopted)

A. Court Management

A.1 Docket Management (Arrears)

A.2 Record Systems.

A.3 Discipline over staff.

A.4 Computerized Management and Information Retrieval to the extent applicable.

A.5 Management of Ex-parte Stay, Interim Orders.

A.6 Management of Adjournment Motions.

A.7 Library Management.

A.8 Monitoring Judicial Performance.

A.9 Patterns of Feedback to High Courts.

A.10 Management of Legal Aid including Lok Adalats.

B. Training in Systems Management

B.1 Understanding of the law as a mutually intricating cultural, institutional, normative behavioural system.

B.2 Systemic interrelations:

(a) Jail

(b) Police

(c) Bar

(d) Legal/social activists.

(e) Law colleges/departments.

(f) High Court.

C. Law and Legal Principles

C.1 Fundamental principles of procedural jurisprudence.

C.2 Constitutional Law, Administrative Law and other important All-India legislation.

C.3 Forensic science and criminology.

C.4 Broad principles of law of evidence, evidentiary problems in trial courts, etc.

C.5 Procedural laws : proper use of procedural laws and preventing their misuse or abuse.

C.6 Principles governing exercise of judicial discretion.

C.7 Eliminating causes of delay.

C.8 Art of judgement writing—civil and criminal.

C.9 Maintenance of decency and decorum in courts including certain aspects of work of Judicial Officers, court-craft, code of conduct and ethics.

C.10 Accounts and financial matters.

D. Substantive Law developments

D.1 Methods of keeping abreast with the decisional law of High Courts and the Supreme Court.

D.2 Orientation to the nature of Judicial process.

D.3 Problems of the Scheduled Castes/Tribes, Women, Children and Weaker Sections of Society, problems of rural poverty, exploitation and injustice.

D.4 Awareness of legislative developments.

D.5 Awareness of plans and policies designed to fulfil the Directive Principles of State Policy.

E. Sentencing Discretion.

E.1 Patterns of Sentencing Discretion.

E.2 Probations of Offenders.

E.3 Socio-economic Offences.

E.4 Crimes against weaker sections of society—problems of sentencing discretion.

E.5 Crimes against the State—sentencing policies and patterns.

E.6 Constitutionality of sentencing discretion.

E.7 Feedbook from the Supreme Court and High Courts on sentencing discretion.

F. Related Matters of Judicial Policy.

F.1 Awarding of costs.

F.2 Compensating for violation of fundamental rights.

F.3 Human rights in the administration of civil and criminal justice.

F.4 Science and technology developments in relation to the law.

F.5 National development and Integration through the law.

F.6 Interaction between legislative policies and the judicial process.

F.7 Interaction between executive policies and the judicial process.

G. General Orientation

G.1 Cultural and socio-economic conditions and their impact on legal and judicial administration.

G.2 Creating awareness of new judicial thinking and using law as an instrument of socio-economic change and a vehicle for delivery of social justice : combating exploitation and injustice through the process of law.

G.3 Visit to rural areas: discussions with interested groups, pressure groups and victim groups.

G.4 Legal Aid in all its aspects and dimensions.

G.5 Lok Adalats.The subjects mentioned above at Items A to G shall form part of the courses for both types of courses at (a) and (b) but so far as seminars and symposiums mentioned in (c) are concerned, the subjects at items D, F and G shall form the subject-matter of such seminars and symposiums.

Practical training

The trainee Judges who are new entrants and who are doing foundation course mentioned in (a) shall also be given practical training as part of the foundation course. The practical training will include sitting with senior presiding officers of the civil, criminal and revenue courts and they will also be instructed in regard to procedural matters such as—

I. Civil Matters

(a) Daily cause list.

(b) Calling out of cases, and the situation arising on the lawyers or the party not attending; control of court proceedings.

(c) Issue of notices and scrutiny of service reports and the orders and procedure for ex parts proceedings.(d) Court decorum and ethics.

(e) Examination of parties before issues under Order X, CPC.

(f) Framing of issues.

(g) Maintenance of diary and fixing dates for evidence.

(h) Recording of evidence and problems arising therein.(i) Questions of relevancy and admissibility and dealing with objections re: want of stamp and registration of document.

(j) Closing of evidence.

(k) Arguments.(1) Cutting down of delays : preventing abuse or misuse of procedural laws.

(m) Delivery of judgments.

(n) Court registers—their maintenance and scrutiny.

(o) Functioning of revenue department, police department and other government department.

II. Criminal Matters

(a) Putting in of challans/filing of private complaints and their registration.

(b) Bail/Remand work.

(c) Procedure of issuing notices, summons and warrants, their services on the accused/respondent and the agency responsible for service.

(d) Framing of charge, essentials therefor and the necessity for hearing both the sides for the purpose.

(e) Recording of plea of guilty/non-guilty.

(f) Maintenance of diary and finding cases for evidence.

(g) Prosecution/complainant’s evidence.

(h) Examination of the accused under section 313 of the Cr. P.C. its significance and mode.

(i) Defence List, its scrutiny and recording of defence.

(j) The need/necessity of summoning and the procedure for recording evidence of court witnesses where necessary in particular cases.

(k) Avoidance of avoidable adjournments in hearing of cases and arguments and the practical method for securing attendance of witnesses.

(l) Cutting down of delays and preventing misuse or abuse of procedural laws.

(m) Hearing arguments.

(n) Judgement.

(o) Court Registers—their maintenance and scrutiny.