13. Judicial Training & Education - Status, Needs, Organization & Strategies

13.6 JUDICIAL TRAINING SCHEMES IN INDIA

13.6.1 It is often said that an institution is only as good as the people who operate it. The level of motivation and leadership, the degree of competence and professionalism and the clarity of purpose and methods which the judges display make the judicial system perform to its optimum efficiency. Judicial officers, undeniably are the key figures in determining the quantity and quality of output which the public gets as justice out of litigation in courts. Any investment in updating their knowledge and skills will be doubly repaid in the delivery of justice and in the efficiency of judicial administration.

13.6.2 Despite realising its importance and the repeated recommendations from several committees and commissions, pre-service institutional training for new entrants to judicial service had not received the attention it deserved from the High Courts and the Government till recently. A few years' practice at the Bar or few days' attachment with a senior judge perhaps was deemed adequate to preside over courts to which one is appointed! The All India Conference of Chief Justices in 1983 adopted a resolution asking the Government to set up regional training institutes in the four regions of the country for training of members of the subordinate judiciary. It was suggested that eminent professors, lawyers, judges and jurists could be invited to deliver lectures on various topics of relevance on law and other related subjects. Perhaps it was for the first time that the Chief Justices recognized the need for a broader training for subordinate judges and welcomed the introduction of people from outside the judicial fraternity for imparting training.

13.6.3 The status of training obtaining in the country is summarised by the Law Commission in its 117th Report on Training of Judicial Officers (1986). To quote   ".. institutional training at present is being imparted only at the North-Eastern Judicial Officers Training Institute at Guwahati and Andhra Pradesh State Judicial Academy at Secunderabad. Broadly stated, the judicial officers taking training in these institutes have the benefit of a short-term pre-service training in the conduct of proceedings in the court and allied matters as also the management of office. No refresher course is being held at these Institutes with the result that the training begins and ends at the pre-service level and it is of a short duration ... At the U.P. Administrative Training Institute, Nainital, pre-service training of six to eight weeks is imparted to judicial officers. There are rules framed by the State of Orissa for an elaborate training programme. In the rest of the country, fresh recruits to judicial service are given a semblance of training by being directed to work with senior civil judges and/or district or sessions judges for an average duration of three to six months before actual posting is given" (117th Report, 1986 at p.6).

13.6.4 According to the Law Commission, training through attachment with courts of senior judges has an inbuilt disadvantage in so far as it sustains all past practices without challenge in disregard of the needs of contemporary times. Recognising the grossly inadequate facilities for training and acknowledging the continuing need for training of judicial officers, the 1985 Conference of Chief Justices, Chief Ministers and Law Ministers unanimously resolved to ask the Central Government to set up an academy with the Chief Justice of India as Chairman. A Governing body with Chief Justice of India as Chairman would determine the structure, faculty, courses and other aspects to provide pre and in-service training for judicial officers as also to identify places where branches of the academy could be set up.

13.6.5 Pursuant to this resolution, the then Chief Justice of India prepared and sent a blue print for the establishment of an academy which was eventually established as a Society registered under the Societies Registration Act, 1860. Though the National Judicial Academy was formally set up in 1994, it has not started training courses as yet. A massive campus is reportedly under construction in Bhopal where the academy is located. A retired Supreme Court Judge was appointed as Director General and a few officials deputed from the staff of the Supreme Court are overseeing the construction activities financed by the Central Government. The Society has a membership of twelve persons including five judges, two law academics and four Secretaries to Government of India. The Registrar General of the Supreme Court is the ex-officio Secretary of the Academy and the Chief Justice of India ex-officio Chairman. The Society meets once every year mainly to approve budget and authorise expenditure. Membership other than ex-officio members is by nomination by the Chairman. The Society has a Governing Council with Chief Justice as Chairman and Law Secretary, Expenditure Secretary, Registrar General and Director General as members.

Since the National Judicial Academy at Bhopal is still an institution-in-making and has not yet come out with its scheme of training there is little to reflect on its activities at present. Hopefully a first-rate national judicial training centre would emerge at Bhopal at least by the turn of the century.

13.6.6 An institution which came up in the recent past (1987) and got a reputation for organizing systematically training courses for subordinate judiciary is the Institute of Judicial Training & Research, U.P. located in Lucknow . The institute has its own campus with infra-structural facilities, a core faculty drawn from higher judicial service and a moderate library. It is under the administrative control of the Department of Law, Government of Uttar Pradesh. We will presently consider the curriculum prescribed by the Institute for the trainees.

13.6.7 The North Eastern Judicial Officers' Training Institute, Guwahati

The Institute is perhaps one of the earliest institutions of its kind set up in early 1981 at Guwahati as a society registered under the Societies Registration Act with Chief Justice of Gauhati High Court as its Ex-officio Chairman. All the Law Ministers of the seven N.E. States are its members. The object of the Society is to provide training to Judicial Officers and also to train the ministerial officers in the subordinate courts. All the States, namely States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Arunachal Pradesh and Mizoram contribute annually to run the Institute. The Director of the Institute draws a fixed monthly honorarium. He is the seniormost Member of the State Judicial Service. Originally the post was held by a retired Judge of the High Court. There are two Professors who are former District & Sessions Judges on a monthly remuneration of Rs.3500/-. The Secretary of the Institute is a retired Deputy Registrar of the Gauhati High Court with the remuneration of Rs.2500/-. They are supplemented by the ministerial staff.

Two types of training courses are offered. The foundation course for three months for Munsiffs and Judicial Magistrates. The refresher course of one month for officers of the rank of Additional and Assistant District and Sessions Judges and to Officers to be promoted to such cadre.

Subjects for Foundation Courses :

1) Utility of procedural laws in administration of justice.

2) Prevention of misuse of procedural laws.

3) Broad principles of law of Evidence on problem which may arise during a trial.

4) Role of the Court / Judicial Officer in

(a) framing issues / charges

(b) recording of evidence

(c) examination of accused u/s 313 Cr.P.C.

(d) hearing arguments.

Subjects for Refresher Courses :

1) Principles governing award of compensation in Land Acquisition cases.

2) Compensation to be awarded in Motor Accident Claims cases - Insurers liability.

3) Appellate court powers -

a) civil appeals

b) criminal appeals

4) Updating knowledge of case law.

5) Art of writing judgment in an appeal.

Institute also imparts training on Court Management to Judicial Officers like adjournment of judicial work, Management of Interlocutory proceedings, Management of Pre-trial stage, and cases to be referred to Lok Adalath. These are on the judicial side. The Judicial Officers are given training on the Court administration like periodical inspection of prescribed registers and records, management of the copying section and process section, maintenance of discipline over staff, accounts and financial matters etc. Training is also imparted on certain laws which are coming to day-to-day application in the judicial process.

13.6.8 The Andhra Pradesh Judicial Academy, Secunderabad

The Academy is one of the recent additions in the list of judicial training institutions in the country. Started in 1991, with Chief Justice of the Andhra Pradesh High Court as the Chief Patron and all the other Judges of the High Court are Patrons. A Judge of the High Court nominated by the Chief Justice would become the President and such other Judges of the High Court nominated by the Chief Justice would be the Members of the Board of Governors of the Academy. The Academy is headed by a Director - a District & Sessions Judge Grade-I who is assisted by an Additional Director and Senior Faculty Member of District & Sessions Judge Grade-II. The Deputy Director is of the cadre of Civil Judge (Sr.Div.) and Assistant Director is of the cadre of Civil Judge (Jr.Div.).

 

 

The Academy provides foundation course of two months for direct recruits of District Judges on subjects like administrative and financial aspects, disciplinary proceedings, forensic science and medicine, all branches of law, court management and supervision of subordinate courts. There is also a course on advance study of Forensic Science and Forensic Medicine for District Judges, Sub Judges and Munsiff Magistrates. The curriculum covers all relevant branches of Forensic Science and Forensic Medicine with practical demonstrations and exercises at scientific and medical institutions. This will be for two weeks duration.

The Academy also conducts orientation course for Subordinate/Assistant Sessions Judges soon after their promotion from the cadre of Civil Judge (Jr.Div.) on the subjects like Land Acquisition, Arbitration, Insolvancy, Marriages, Elections, Civil Appeals, Sessions Cases, Offences tried by Assistant Sessions Judges, Forensic Medicine, Suits and Interlocutory proceedings, administrative rules and procedures etc. This course will be for two weeks.

The Academy further provides refresher course for Civil Judge (Jr.Div.) in Substantive, Procedural and Evidentiary laws of Civil and Criminal branches and Court Administration. This will be for three weeks.

The Academy conducts specialised workshops on Court Management for the ministerial staff of the Courts in Rules, Circular order and instructions of the High Court and Government on judicial and administrative matters. Checking of civil proceedings, Maintenance of civil registers, checking of criminal proceedings, Maintenance of Criminal registers etc. This course will be for one week. Besides, training is also imparted on financial and accounts management for one week.

The Academy started giving training on conduct and discipline for officers of the High Court for about one week.

The eminent personalities and former Judges of the Supreme Court and High Courts are regularly invited for giving lectures to Judicial Officers and other legal personnel. Seminars, Symposiums and Workshops on various Court related subjects are also periodically conducted.

The Academy has to its credit certain publications containing articles and speeches of eminent judges.

13.6.9 Madhya Pradesh Judicial Officers' Training Institute

This Institute commenced functioning from 1994. It is yet to prepare specific syllabus for training. But, generally it conducts some programmes for Judicial Officers on particular subjects and topics. It has a Director, Additional Director, Administrative Officer and other ministerial staff. The Chief Justice of the Madhya Pradesh High Court would appoint any serving District Judge as the Director and any Member of the Civil Judge (Sr. Div.) as Additional Director and Administrative Officer. The Institute has a separate building and hostel. The Institute conducts foundation course for Civil Judges (Jr. Div.) for nearly one month in the training Institute and further one month's training in the District Headquarters under the guidance of the District Judge. The trainee judge may be either first called to the Training Institute or may be first posted in the District Headquarters and then called for the Institute for the institutional training. The training in the District Headquarters covers Court procedure, financial matters sitting along with the Senior Judges and visiting to local Police Station to acquaint oneself regarding how FIR is recorded, crimes are registered, case diaries and general diaries are written etc.

13.6.10 Gujarat State Judicial Academy

This is one more addition to the list of training for Judicial Officers. The Chief Justice will be the Chief Patron of the Academy and all the Judges of the High Court could be Patrons of this Academy.

The Chief Justice would nominate a Judge of the High Court of Gujarat as President and such Judges as Members of the Board to administer the functioning of the Academy.

In further administration, the Academy would be headed by a Director appointed by the President of the Academy in consultation with the Chief Justice. He would be either a retired High Court Judge or a District Judge. Further, the Director is to be assisted by one Assistant Director. The Director is in the pay scale of Rs.8000/- while the Assistant Director is in the grade of Rs.3000-5000. They are assisted by a small supporting staff of six members.

The Academy conducts Foundation course to the newly recruited Civil Judges (Jr. Div.) and Judicial Magistrates First Class and organises Legal Workshops and Seminars throughout the State on various subjects on Law. The total duration of the said training to Civil Judges is of four months, out of which two months practical trainnig at the District Headquarters, i.e. place of posting and the remaining two months in the Academy. The Academy has no infrastructure. It runs the course at Sardar Patel Institute of Public Administration, Ahmedabad (SPIPA). The training at SPIPA, there are two parts, one is of listening to lectures and another is to visit Forensic Science Laboratory, Sabarmati Central Jail, Bureau of Handwriting and Finger Print and the High Court.

There are three parts in the Academy training:

FIRST PART

Basic Principles in the Administration of Justice

i) The function and duties of a Judge.

ii) Judicial approach.

iii) Standards of proper judicial conduct, maintenance of decency and decorum in court and behaviour with the members of the Bar and litigating public.

iv) Standards of judicial ethics.

v) Art of writing judgements. (Theory)

SECOND PART

Administration and Office Management

i) Control and Supervision

ii) Supervision and accuracy of returns.

iii) Knowledge regarding Government and High Court Circulars.

iv) Accounts and Financial matters.

v) Correspondence with superior courts.

vi) Civil Manual (Relevant Chapters).

vii) Criminal Manual (Relevant Chapters).

THIRD PART

Practice and Procedure in Court

A. Code of Civil Procedure

i) Jurisdiction of the court (pecuniary and territorial, Section 6 to 8 & 15 to 21-A C.P.C.)

ii) Stay of suit and res judicata (Sec.10 and 11 of C.P. Code)

iii) Party to suits and pleadings. (Plaint, Written Statement, set-off and Counter Claims). (Order I, II, VI, VII and VIII)

iv) Issue of summons, appearance of parties and consequence of non-appearance. (Section 27 to 32 & Order V & IX of CPC)

v) Admission, Examination of parties by the Court, Discovery and Inspection, (Order X, XI and XII of C.P. Code)

vi) Framing of issues (Order XIV of CPC)

vii) Adjournments (Order 17 XVII of CPC)

viii) Hearing of the Suits and Examination of the witnesses. (Order XVIII of CPC)

ix) Judgment and Decree, Interest & Costs. (Sections 33 to 35-B & Order XX, XX-A of C.P. Code)

x) Execution of Decree and Orders. (Sections 36 to 74 and Order XXI of C.P. Code)

xi) Effect of Death, Marriage and Insolvency of Parties on suits and proceedings. (Order XXII of CPC)

xii) Compromise and Withdrawal of the Suits. (Order XXIII of C.P. Code)

xiii) Suits by or against Government or Public Officers in their official capacity. (Sections 79 to 82 and Order XXVII of C.P. Code)

xiv) Suits by or against the Corporation or firms. (Order XXIX and Order XXX of C.P. Code)

xv) Suits by or against minor and persons of unsound mind. (Order XXXII of C.P. Code)

xvi) Suits by indigent person. (Order XXXIII of C.P. Code)

xvii) Suits relating to mortgage of immovable property. (Order XXXIV of C.P. Code)

xviii) Summary procedure in respect of certain suits. (Order XXXVII of C.P. Code)

xix) Attachment before the judgment and appointment of receiver (Order XXXVIII and XL of C.P. Code)

xx) Temporary injunctions and interlocutory orders. (Order XXXIX of C.P. Code)

xxi) Caveat and its rules. (Section 148-A of C.P. Code)

xxii) Inherent Powers of the Courts, amendment in judgment, decree of orders and general power to amend. (Section 151 to 153-A of C.P. Code)

xxiii) Appeals, Reference, Review and Revision.

xxiv) Relevant chapter of Civil Manual.

B. criminal Procedure Code

i) Constitution of Criminal Courts and offices. (Sections 6 to 25 Cr.P. Code)

ii) Information to the Police and their powers of investigation. (Sections 154 to 176 Cr.P.Code)

iii) Arrest, remand and detention of persons and bail. (Sections 41 to 60, 167 and 436 to 450 of Cr.P.C.)

iv) Search warrants. (Section 93 to 98 of Cr.P.C.)

v) Jurisdiction of the Criminal Court in the inquiry and trial. (Section 177 to 189 of Cr.P.C.)

vi) Condition requisite for initiation of proceedings. (Sections 190 to 199 of Cr.P. Code)

vii) Complaints to Magistrate and commencement of proceedings before Magistrate. (Sections 200 to 210 of Cr.P.Code)

viii) Form of charges and joinder of charges. (Sections 211 to 224 of Cr.P.Code)

ix) Trial of warrant and summons cases by Magistrate. (Sections 238 to 259 of Cr.P.Code)

x) Summary trials. (Sections 260 to 265 of Cr.P.C)

xi) Maintenance of wives, children and parents. (Sections 125 to 128 of Cr.P.Code)

xii) The Judgment. (Sections 353 to 365 of Cr.P.Code)

xiii) Execution, suspension, remition and commutation of sentence. (Sections 413 to 435 of Cr.P.Code)

xiv) Disposal of property. (Sections 451 to 459 of Criminal Procedure Code)

xv) Limitation for taking cognizance of certain offences. (Sections 467 to 473 of Cr.P.Code)

xvi) General provision as to inquiries and trials. (Sections 300 to 327 of Cr.P.Code)

C. Indian Evidence Act

i) The Law relating to relevancy of facts. (Sections 5 to 55 of Evidence Act)

ii) Facts which need not be proved. (Sections 56 to 58)

iii) Proof of documents and documentary evidence. (Sections 61 to 90)

iv) Exclusion of oral evidence by documentary evidence. (Sections 91 to 100)

v) Burden of Proof. (Sections 101 to 114)

vi) Estoppel. (Sections 115, 116 and 117)

vii) Examination of witnesses. (Sections 118 to 165)

D. Indian Penal Code

i) General Explanation.

ii) Various kinds of punishment including imposition of fine.

iii) Common intention, Common object, abatement and Criminal conspiracy.

iv) Offences relating to Army, Navy and Air Force.

v) Offences against the State.

vi) Offences against the public tranquility and public order.

vii) Offences relating to giving false evidence against public justice.

viii) Offences relating to coin and Government stamps.

ix) Offences relating to Weight & Measures, Public health safety, Conveyance, Decency and Morals.

x) Offences affecting the human body and right of private defence.

xi) Offences against the property and right of private defence.

xii) Offences relating to documents and to private marks.

xiii) Offences relating to marriage.

xiv) Defamation.

xv) Offences relating to Criminal intimation, insult and annoyance.

xvi) General Exception.

xvii) Attempt to commit offences.

E. Miscellaneous

i) Limitation Act, 1963

ii) Suit valuation Act, 1887

iii) Stamp Act, 1899

iv) Selected social legislation like Factory Act, Standard of Weight & Measures Act, 1976, Water (Prevention and Control of Pollution) Act, 1974. Water (Prevention and Control of Pollution) Cess Act, 1977.

v) Human Anatomy - Muscle, Bones, and Injuries.

vi) Writing of judgment (practical).

 

 

Over and above, the Academy is holding the Legal Workshops and Seminars for the subordinate Judicial Officers at District Headquarters, normally once in two months. In the said Legal Workshop, participants have to prepare the paper on the Legal subjects given by the Academy and on the day of Legal Workshop they have to discuss the problem. Recently, the Academy has changed the procedure, now the academy is preparing the questionnaire on Legal subjects and every participant has to find out the probable solution to the said questions and at the time of Legal Workshop those questions are to be discussed. The aim of the Academy is that every Judge should be conversant with the latest Law on the point.

13.6.11 Judicial Officers Training Institute, Maharashtra, Nagpur :

This Institute has been set up in Nagpur with modest facilities for training Civil Judges, Judicial Magistrates and Additional District Judges for Foundation course and also for Refresher course. The Faculty consists of one Director and two posts of Joint Directors. The Director is in the scale of pay of Rs.18400-22400 with Special pay of Rs.800/-. The pay scale of the Joint Director is that of the cadre of the District Judge i.e. Rs.14300-18300, with the Special pay of Rs.800/-. There are as many as 32 supporting ministerial staff. The Institute has an attached hostel, library and indoor games facility and also for training in Yoga.

The following topics are selected to be included in the Course contents for the in-coming batch having regard to the common importance and relevancy for the said topics even while discharging judicial duties of the Court of Civil Judges (Sr. Dn.) and the Chief Judicial Magistrate.

 

 

 

 

 

 

 

 

Sl. No.

Subject

Days Allotted

No. of Lectures

1.

Norms of Behaviour for Judicial Officer

in relation to his Superiors, Subordinates, Bar members, Litigants, Members of the Public, Colleagues and other Officers.

4 days

12 Lectures

2.

Administrative work in Civil and Criminal Courts with reference to the instructions contained in Civil and Criminal Manual.

1 Week

15 Lectures

3.

Civil Proceedings with reference to provisions regarding Injunctions, Appointment of Receiver, Framing of Issues, Attachment before Judgement and the Appointment of Commissioner.

1 Week

15 Lectures

4.

Evidence Act; Relevancy of Facts, Admissibility, oral and Hearsay Evidence, Admissions and Confessions, Expert's opinion Taking Judicial Notice of a Fact, Documentary Evidence, Presumptions; Generally and about the Documents, Oral Evidence, Burden of Proof.

1 Week

15 Lectures

5.

Writing of Judgment : Civil and Criminal : Contents, Arts, Style, Purpose, Brevity etc.

1 Week

Lectures and Group discu-ssions totally 15 in numbers

6.

Darkhast Proceedings : Technicalities of Procedures, Speed and Importance, and Practical Aspects.

4 days

12 Lectures and Group discu-ssions

7.

A. Civil Laws : Special features of the Constitution of India with reference to Fundamental Rights and the Judiciary,

Law of Succession (Succession Cerficates, Wills and Probates), Partnership Act (Ss.17 and 49), Court Fees Act and Suits Valuation Acts, Limitation Act, Stamp Act, Interpretation of Statutes and Precedents.

B. Criminal Laws : Food Adultertion and Essential Commodities Act.

1 Week

15 Lectures

8.

Criminal Proceedings with reference to Sessions Trials, Grant of Bail, Important Aspects of Liberty of Citizens, Framing of Charges, Recording of Plea and Examination of Accused, Recording of Evidence in Criminal Cases, Police Statements, Proof of Contradiction and Extent of their use, Disposal of Property and Sentence.

 

15 Sittings of Group discussions

9.

"Child Psychology" and "Child Welfare."

 

9 Lectures by Guest Speakers

10.

Speedy Disposals : Factors and Methods, Recommendations of Arrears Committee Report 1989-90, Conciliation Courts as alternative modes and forums for resolving disputes.

 

10 Sittings during Group Discussions

11.

Visit to the High Court

3 Days

 

 

(Time - 9 Lectures and 3 Group Discussions)

 

 

 

 

 

 

 

TRAINING PROGRAMME FOR THE

ADDITIONAL DISTRICT JUDGES

1) Norms of behaviour by Judicial Officers inside and outside the Court.

i) Behaviour with litigants and public while hearing the cases,

ii) Behaviour with the members of the Bar,

iii) Behaviour with subordinate staff,

iv) Behaviour with colleagues including District Judge,

v) Behaviour with Officers of other Departments such as Collector,

Superintendent of Police, Executive Engineer etc.

Training on this subject would include citing of instances and embarrassing situation if any, while dealing with the allotment of the quarters for the Judicial Officer, getting the plans and estimates sanctioned for construction of Court building and residential quarters etc.

2) Civil Proceedings :

Discussion by syndicate method on the following topics with leading cases thereon : -

i) Admission, first orders in Regular as well as in Miscellaneous Civil Appeals.

ii) Order 41 and particularly the provisions regarding additional evidence and additional documents, if any, at the appellate stage.

iii) Limitation Act, Guardian & Wards Act, Land Acquisition Act, Bombay Public Trust Act.

iv) Law relating to Trust-reading material : Tagore Law Lectures Latest Edn.

v) Sections 52 & 53 of the Transfer of Property Act, distinction between lease and licence connected aspects pertaining through reading materials; important decisions of the Supreme Court and Bombay High Court.

vi) Hindu Marriage Act, with reference to the provisions of divorce, maintenance, Hindu Succession Act, with particular reference to Sections 7, 8, 14 etc.

vii) Intra country adoptions, appointment of guardians, Specific Relief Act with Reference to the provisions regarding injunction u/order 39 C.P.C. Sections 34, 105, 120-A, 149, 300, 302, 304, 498-A, 307-A and Section 100 I.P.C. and general exceptions under the Penal Code, Section 313 Cr.P.C.

viii) Concept of 'Admission', 'Confessions' and related provisions under Sections 17 to 31, Section 32 of the Evidence Act, Circumstantial evidence, relevancy of facts under the Evidence Act and Sections 145, 146 Evidence Act.

3) Criminal Proceedings :

i) Admissions and first orders including Bail and Anticipatory Bail.

ii) Sessions Trial, Procedural aspects, charge etc.

iii) Important provisions of Indian Penal Code viz. Murder, Rape, Dacoity, Forgery, Unlawful assembly, Conspiracy, Criminal Breach of Trust etc.

iv) Prevention of Corruption Act.

v) Essential Commodities Act.

vi) N.D.P.S. Act.

vii) Atrocities on Women (Prevention Act).

viii) Sentencing and Victimology.

ix) T.A.D.A.

4) Evidence Act :

Recording of expert evidence including Forensic Science and Ballistic Sciences.

5) Administration :

i) Recruitment of the Staff, Departmental Examinations, Disciplinary enquiries, vis-a-vis Discipline and Conduct Rules.

ii) Budget of the District and Subordinate Courts.

iii) AC/DC Bills.

iv) Permanent Advance, Contingent expenditure, Office expenses etc.

v) Dead stock including purchase procedure, Finance rules, Treasury rules and Powers of the District Judge.

vi) Inspection and compliance of inspection notes, control over record room, judicial conference/District Judges' Conference, various returns including Annual Returns.

And; Some other subjects covering Constitution and Child Psychology.

13.6.12 The High Court of Kerala has set up in 1986 a Training Directorate with a committee of judges of the High Court to supervise its operations. Two Senior District Judges are working in the Directorate offering pre-service training to Munsiffs-Magistrates for over 6 months of which five weeks are devoted to practical training in courts, police stations and select administrative departments of government. The Directorate also conducts refresher courses for judicial officers for periods ranging from two days to one week at the High Court of Kerala. One day District level workshops for judicial officers of the area are also undertaken by the Kerala institute.

Reproduced below is the syllabus of training offered by the Directorate of Training, High Court of Kerala to the newly appointed Munsiffs-Magistrates over a period of ten weeks before they proceed for field assignments :

Statutory Training for Newly Appointed

Munsiffs-Magistrates

SYLLABUS

I. CIVIL

1. Independence of Judiciary; its relevance; responsibilities of the courts; status and duties of Judges.

2. Suits for injunctive and declaratory reliefs.

3. Stay of suits - when and why? General Principles.

4. Valuation for purpose of Court Fee and jurisdiction-Determination of market value.

5. Estoppel - Current Judicial Trends.

6. Recording and admissibility of evidence-duties of Court.

7. Principles of succession applicable to Christians.

8. Suits for partition-Matrimonial action.

9. Proof of Wills and other compulsorily attestable documents.

10. Res Judicata - Constructive res judicata - O.II R.2 - O.XXIII, R.1 C.P.C.

11. Suits by and against Government - By and against Corporations and firms.

12. Presumptions and burden of proof - in general and in particular cases.

13. Institution of suits - place of suing: sections 16 to 20 C.P.C.

14. Secondary Evidence - Exclusion of oral evidence.

15. Restitution - Extent of jurisdiction of the court.

 

16. Suits in ejectment; adverse possession; distinction between Articles 64 and 65 of the Limitation Act.

17. Resistance to execution - Obstruction; claim petitions.

18. Suits on Negotiable instruments.

19. Awarding damages - General Principles.

20. Lease and Mortgage - Lease and licence - Distinction - Pledge & Hypothecation.

21. Mortgages generally - Distinction between mortgage and Charge.

22. Important provisions of Small Causes Courts Act.

23. Section 5 of Limitation Act - Extent of Courts power - Exclusion of time - How and when - Sections 148, 149 C.P.C.

24. Sections 17 and 49 of the Registration Act - Effect of non-registration.

25. Kerala Buildings (Lease and Rent Control) Act - Eviction - General Principles.

26. Refund of Court Fee and impounding of documents.

27. Suit by and against minors - Interpleader suits.

28. Budgetting - Maintenane and verification of accounts - Contingent expenditure - P.F. Loans - Audit objections.

29. Disciplinary proceedings - Procedure enforcement of discipline.

30. Discovery, Inspection, Interrogatories - Principles and procedure.

31. Grant of temporary injunction - Principles - Stay order and injunction - Distinction.

32. Important provisions in the Stamp Act.

33. Notice - Actual and Constructive - Notice to quit.

34. Distinction between indemnity and guarantee - Revocation.

35. Decree and order - Power of the executing court.

36. Attachment before judgment - arrest before judgment.

37. Easements - Customary rights.

38. Compromise and withdrawal of suits; satisfaction of decree O.XXI R.2.

39. Attachment in execution - Court sale - setting aside sale.

40. Succession under Mithakshara Law - Marumakkathayam Law and Hindu Succession Act.

41. Alienation by guardian under Hindu Law and Mohammed Law.

42. How to write judgment in Civil Cases.

43. Benami transactions (Prohibition) Act, 1988.

44. Important provisions of K.L.R. Act.

45. Garnishee proceedings; attachment of decree and rateable distribution.

46. Contracts - Valid - Voidable and void effect.

47. Set off - Counter Claim - Effect of discontinuance of suit upon counter claim.

48. Joint tenancy and tenancy in common.

49. Costs - Compensatory costs - interests - General Principles.

50. Trial of suits - General Principles - Important provisions in the Civil Rules of practice.

51. Issue of summons-Substituted service; when and how effected-Related matters.

52. Arrest and Detention.

53. Suit by indigent person; Principles and procedure.

54. Framing of issues - Disposal of suit at the first hearing.

55. Transfer of decree; question to be determined by court executing the decree.

56. Breach of contract - Frustration.

57. Important provisions of K.S.R. and Financial Code.

58. General Clauses Act.

59. Survey - Cadastral and theodolite maps - survey and Boundaries Act.

60. Gift and Exchange - Transfer of actionable claim.

61. Frame of suit - Procedure in cases where there are numerous plaintiffs and defendants - Misjoinder and non-joinder of parties - Striking off parties and addition of parties.

62. Office management - Grant of leave and refusal - Curtailment and treatment of absence - Ministerial staff and their supervision.

63. Interpretation of statutes - General Principles.

64. Classification and preservation of records - Important High Court Circulars.

65. Suits for specific performance of contracts - powers and duties of courts.

66. Principles of succession under the Mohammedan Law.

67. Jurisdiction of courts; extent and scope - Objection to jurisdiction.

68. Appointment of receiver - Appointment of Commissioner.

69. Impleadment of L.Rs - Abatement of Suits - Condonation.

70. Part Performance - Lis Pendens - Effect.

71. Ammendment of Pleadings - Exercise of inherent power.

72. Suretyship - Surety-s liability and discharge.

73. Review - Enlargement of time - Caveat - Duties of the Court.

74. Interpretation of documents - General Principles.

75. Partnership suit - Dissolution of partnership suit on accounts and for accounts.

76. Legal disability in Limitation Act (Ss. 6 and 7).

77. Exclusion of time in legal proceedings (Ss. 12 and 14 to 17 of Limitation Act).

78. Effect of acknowledgement in writing and payment of limitation (Ss. 18 to 20 of Limitation Act).

79. Sale of Goods Act and Carriers Act.

80. Precedents.

II. CRIMINAL

1. Investigation of criminal cases - Principles - Extent of Court's power - Mahazar and seizure list.

2. Sentencing - Probation - Juvenile Delinquency.

3. Disposal of property - Confiscation principles.

4. Procedure in cases of accused suspected to be of unsound mind.

5. Section 125 Cr.P.C. - Muslim Women (Protection of rights on Divorce) Act.

6. Discharge and acquittal - General principles.

7. Trial of summons and warrant cases - Summary trials.

8. Medical evidence and expert evidence.

9. Section 27 of the Evidence Act.

10. Sections 145-155 - Section 162 and Section 165 Cr.P.C.

11. Search warrants - Search and Seizure.

12. Test identification parade - Trial of cases and counter-consolidation.

13. Taking cognizance - What it means - Power of court.

14. Compounding - Withdrawal - Section - Limitation.

15. Framing of charges - Joinder of charges - Questioning of accused.

16. Criminal Court management - High Court Circulars.

17. Appreciation of evidence - Circumstantial evidence.

18. Nature & Classification of injuries - Percentage.

19. Punishment - Maximum and minimum imprisonment for a term - termination set off; fine - Default - Recovery.

20. Evidence, relevance and admissibility.

21. Government servants conduct rules.

22. Issue and service of process - Execution - Absconding accused - Attendance of prisoners.

23. Recording of confession - Provisions in Crl. Rules of Practice.

24. Crl. Rules of Practice - Maintenance of registers - Calendar - Statements.

25. Limit of punishment for offences made up of several offences - Secs. 71,75 I.P.C. and Secs. 222-325 Cr.P.C.

26. Bail and remand.

27. Penal provisions of Customs Act.

28. Penal provisions of Kerala Police Act - Kerala Gaming Act - Prevention of Immoral Traffic Act.

29. Criminal Intimidation - insult and annoyance.

30. Penal provisions of Arms Act - Explosives Act and Explosive Substances Act.

31. Penal provisions of Forest Act.

32. Secs. 34, 120B and 149 I.P.C.

33. Important provisions of P.F.A. Act.

34. Abatement and attempt to commit offences.

35. Jurisdiction and power of criminal court.

36. Hurt and grievous hurt.

37. Theft and receiving stolen property.

38. Offences relating to administration of justice, practice and procedure.

39. Criminal misappropriation - Criminal breach of trust.

40. Prison Rules - Prisoners - identification of Prisoners Act.

41. Law relating to right of private defense; Scope and limit - other general exceptions in I.P.C. (Secs. 81-83, 85, 86 & 95).

42. Juvenile Justice Act - Borstal Schools Act.

43. Penal provisions of Abkari Act - Drugs Act - Narcotic Drugs and Psychotropic Substances Act.

44. General exceptions in I.P.C.

45. Criminal rashness and negligence connected with the provisions of M.V.Act - Res Ipsa Loquitor.

46. Offences relating to marriage and women.

47. Sections 200 to 293 Cr.P.C.

48. Who could prosecute, limitation, sanction.

49. Judgment, important aspects.

50. Preparation of judgment and decrees.

III. GENERAL

1. Environmental Law

2. Basic Principles of Human Behaviour

3. Child Behaviour.

4. Man Management.

5. Crime and mental illness, psychiatric criminology, treatment approaches in psychiatry.

6. Adolescence, its relevance and behavioural management, problem in marriage, crisis management and bringing up children.

7. Psychological testing - various aspects.

* Source : Directorate of Training, High Court of Kerala (1998).

13.6.13 There is no organized set up for judicial training in States like Bihar, Delhi, Jammu & Kashmir, Karnataka, Orissa, Punjab, Haryana, Himachal Pradesh, Tamilnadu, West Bengal and Union Territories where adhoc arrangements are made under the supervision of the High Court to offer orientation to newly recruited judicial officers. Orissa and Himachal Pradesh have evolved detailed plans to set up judicial training institutes though not much progress is made so far.

13.6.14 The scheme proposed as Foundation Course for judicial officers in certain States simply gives a long list of Statutes and rules as the syllabus of the course. One gets the impression reading the recommended syllabii for newly recruited judicial officers that what is intended is a modest attempt in the available time of training to make up the deficiencies in legal knowledge and that too in a superficial manner. This may be justified because of the poor quality of education obtaining in most law colleges of the country and the possibilities of obtaining a law degree without any serious study. One may recall in this context the difficulties encountered by various High Courts in filling up the reserved vacancies of Munsiffs-Magistrates despite there being large number of applicants with law degrees and the required period of legal practice experience! When the reserved vacancies increased in numbers, the recruiting authorities either succumbed to the pressure of filling up the posts with less qualified candidates or devised schemes to prepare them with crash programmes of legal education. With the assistance of the Karnataka Government, the National Law School of India University conducted two such mini-LL.B. courses for S.C./S.T. advocates with 4 to 7 years practice at the Bar to enable them to take the Munsiffs-Magistrates selection examination. The fact that over 50 per cent of such examinees could succeed in the final selection indicates that the deficiency they suffer from arises in the lack of opportunities to learn at the law colleges where they pursued the LL.B. Degree and at the Bar. This deficiency in legal knowledge in greater or lesser degree is shared by other law graduates as well who could not get the opportunity to learn in good teaching institutions of law.

13.6.15 The point for consideration in the present context is whether the time available for the pre-service induction training is to be spent for giving basic knowledge of various law subjects in which some recruits are indeed deficient. Such an approach will make the programme uninteresting and less rewarding to meritorious trainees who have had better education in good law colleges where they studied for their LL.B. Degree. This is a basic dilemma which training institutions face. Compounding the problem is the lack of adequate competence on the part of trainees in use of language, particularly English. The judicial training institutions, excepting perhaps one or two, are supposed to be imparting the training through the medium of English language. The materials are in English and most of the judges who address them can handle the subject only in English. A substantial section of trainees are said to be neither proficient in their mother tongue nor in English to be able to conduct legal transactions in that language which poses a serious hurdle for the training institutions. In the circumstances, it is worthwhile to examine whether the training period can be extended to one year in which the language and communication skills of the trainees can also be strengthened along with competence in law.

13.6.16 The methods of training are lectures and discussion for class room interactions and observation and participation in field assignments. There are weak attempts in role plays and simulation exercises for skills education in one or two training institutions. The infra-structural facilities and technical resources required for skills training are not available to the existing judicial training institutions.

13.6.17 Another drawback is the lack of a multi-discipline faculty. All the institutions uniformly keep Senior District Judges as faculty members. It is not clear whether they are sent to these institutions by the High Court because of their pronounced talents in teaching and training or because it was felt necessary to keep them away from the courts for different reasons involving tasks of administration of Justice. In any case very few of them stay long enough to put in their best to the cause of judicial training. The need for extra-inputs for proper judicial training is met by guest faculty who are liberally used by most institutions.

13.6.18 The course content of training offered to the members of the higher judicial service comprising of Additional District Judges by the Uttar Pradesh Institute of Judicial Training and Research is given below :

Institute of Judicial Training and Research, U.P.

Course Objective and Design

Objects : To help the participants acquire professionalism in judicial decision-making as Additional District Judges.

Course Content :

1. Behavioural Science.

2. Value based Programme.

3. Law of Precedents.

4. Basic feature of Constitution.

5. Govt. Service - General Conditions (fundamental rules).

6. Principles of Natural Justice.

7. Inherent Powers of Civil Courts.

8. Pitfalls to be avoided by Drawing & Disbursing Officer.

9. How to grant leave order payments of leave salaries & allowances etc. during leave period.

10. Arbitration & Conciliation Act (Old & New).

11. How to make miscellaneous advances.

12. How to grant annual increment and order fixation of E.B.

13. Bar of Jurisdiction of Civil Courts under various enactments.

14. How and when to sanction TA & LTC.

15. How to check the registers maintained by the Zarir of Civil Court.

16. Pleading & Issues

17. Stay & Injunction.

18. How to grant Retirement Benefits & Family Pension.

19. How to make store purchases.

20. Bail & Remand.

21. Judicial Discretion.

22. How and when to sanction G.P.F. Advance and G.I.S.

23. General Rules Civil & Criminal relating to Finance.

24. Sessions Trial.

25. How to frame charge.

26. Income Tax Rules - Salary.

27. Circular letters of High Court regarding Administration, Stores & Finance.

28. Criminal appeal & Revision - Scope.

29. Civil appeal & Revision - Scope

30. Sentencing.

31. Interpretation of Statutes.

32. General Clauses Act (Central)

33. General Clauses Act (State).

34. Consumer Protection Act.

35. Finger Prints Science.

Source : Mr. D.P. Varshney, H.J.S., Director, Institute of Judicial Training and Research, Lucknow (1998).

 

 

The time-table of the course spread over eight weeks includes sessions devoted to communication skills, management skills, stress control, service regulations, sentencing, judgement writing, interpretation of Statutes, medico-legal issues, Human Rights, exercises on trial of different types of offences etc. There is evidence of serious re-thinking in the scope of training programmes and attempt to overcome the deficiencies by addressing a number of issues formerly outside such courses. It will be interesting to assess the impact of such modified courses on the trainees and their behaviour in court.

13.6.19 Two other institutions which are actively though only occasionally involved in giving refresher courses for judicial officers at the national level are the Institute of Criminology and Forensic Science (ICFS) and the Indian Institute of Public Administration (IIPA), both located in New Delhi. The former conduct regular residential courses of two to three weeks for police and prison officials from various States. In some courses on criminal justice, they invite District and Sessions Judges as well as Chief Judicial Magistrates. These courses discuss common concerns in criminal process particularly on scientific evidence, sentencing, judiciary-executive inter face and co-ordination issues. The IIPA which regularly conducts courses for civil servants occasionally conducts specialised workshops for judicial officers involved in criminal justice, consumer courts, industrial tribunals etc. Because of relatively better infra-structural facilities and availability of a wider spectrum of subject experts who come as faculty, these courses are better organized and appreciated. Another advantage of courses organized by ICFS and IIPA is the joint participation of a mix of judicial and non-judicial officers who operate the legal and judicial system with different roles and responsibilities.

There is no follow-up activity nor impact assessment which tend to leave these workshops and training courses as ad hoc, unco-ordinated attempts directed at few individual actors rather than at the system as a whole.

13.6.20 Under support from the British Council and with the approval of the Chief Justice of India, the School of Law , University of Warwick in association with the National Law School of India initiated a series of gender sensitivitisation courses for judicial officers in 1995. Several batches of District Judges nominated by the Chief Justice underwent three-month long courses of which nearly two months were spent in England attending classes and visiting courts and training centres in that country. The "Gender and the Law" course was based on a need assessment survey and was designed to provide sophisticated approaches of training. The project has been continued for a second term of two more years after reports of its being found useful.

13.6.21 In spite of several efforts in organizing judicial education and training, the situation on the ground at the turn of the century is far from satisfactory. Perhaps there is no other department of government in which persons are inducted in highly skilled jobs with little or no training as the judiciary. With the setting up of the National Judicial Academy under the Chairmanship of the Chief Justice of India, hopes are now being raised of a revival of interest in a modern system of pre-service and continuing education to judicial officers at all levels.