Report No. 77
9. Recruitment and personality of the trial Judge-inspection of courts and training of judicial officers
(49) The trial Judge is the linchpin of the entire system. He has, in the course of the proceedings, to give a number of rulings on the spur of the moment. Proper and fair trial requires not only professional competence, but also cool temperament and firmness.
1. Para. 9.1.
(50) It is essential to attract young bright law graduates and lawyers of the right calibre to the judiciary. This can be done if there are good pay scales. It should be remembered that bright young lawyers can earn much more in the profession. Higher initial pay be given to a judicial officer by taking into account the years of practice.1
1. Paras. 9.2 and 9.5.
(51) The present system of insisting upon a number of years of practice at the bar should be retained, the period being 3 years. The only possible exception could be for law graduates employed in courts.1
1. Paras. 9.4 and 9.5.
(52) The suggestion to have an All-India Judicial Service with the same rank and pay scales as the Indian Administrative Service should receive serious consideration.1
1. Para. 9.6.
(53) The advantages gained from having All-India Judicial Service will outweigh any supposed disadvantage.1
1. Para. 9.7.
(54) There should be a training course of about 3 to 6 months for recruits to the Subordinate Judicial office. The recruits should, by such training, be acquainted with procedural requirements for dealing with different stages of cases, including the writing of judgments and interlocutory orders and dealing with administrative matters.1
1. Para. 9.8; see also para. 13.2.
(55) Need for periodic inspection of subordinate courts by the District Judge and a Judge of the High Court must be emphasised. The emphasis in inspection should be to bring about improvement in the functioning of the officer concerned.1 A separate Judge should be deputed for inspection of courts in each district.2
1. Para. 9.9.
2. Para. 9.9.
(56) The practice in some High Courts of one judge being made in charge of each district for one or two years is stated to have yielded good results.1
The High Court should ensure that arrears in subordinate courts are cleared and brought under control.2
1. Para. 9.10.
2. Para. 9.11.
(57) Long delays in filling up vacancies of judicial officers should be avoided.1
7. Para. 9.11.
(58) Recommendation of the High Court for increase in judicial strength should receive prompt consideration from State Government and should not, in the absence of some compelling reason, be turned down.1
1. Para. 9.12.
(59) To clear the heavy backlog, the services of retired judicial officers known for their integrity, efficiency and quick disposal should be utilised. Such officers should be appointed only on the recommendation of the High Court.1
In addition to appointing retired judicial officers, some special recruitment may have to be made from bright young members of the Bar who have practised for at least seven years for disposal of old cases. These members of the Bar would necessarily have to be given a higher start and, on satisfactory performance, be ultimately absorbed in service as District and Sessions Judges or Additional District and Sessions Judges.2
Some of the serving judicial officers can also be asked to deal exclusively with old cases.3
The number of additional courts should be such as to make it possible that all arrears are cleared within a period of about three years.4
1. Paras. 9.12 to 9.15.
2. Para. 9.16.
3. Para. 9.17.
4. Para. 9.18.