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Report No. 127

Management of the System1

1. G.L. Gall Efficient Court Management: Expeditious Justice, 107, 111-113.

3.25. As the system functions today, Judges have also to undertake the management of court and justice system. Judges are trained in law and through experience become experts in the process of adjudication and judicial decision-making. When recruited from the Bar, they have little or no knowledge of modern methods of management of the court and court system. After being recruited as Judges, no training is imparted in modern methods. Therefore, they lack expertise in administrative matters. It is perhaps too much to expect that someone with little, if any administrative training, experience or expertise would acquire skills without training to successfully manage a system as complex as that of our courts. This would imply that Judges are not necessarily the best candidates to manage the courts single-handedly.

3.26. If Judges develop a managerial expertise among their own ranks, then they are quite possibly the best qualified individuals to directly manage the courts because they are in a position to comprehend all the ramifications of the system that an administrative decision might bring about. But development of managerial skill and expertise cannot be acquired overnight. And, forget not, the decision-making process and stages of adjudication keep Judges very busy. They hardly have any spare time to acquire the managerial expertise and if they do eventually acquire administrative expertise, they may have hardly time to both administer courts and continue to exercise their adjudicative function.

3.27. Specialisation in court management is the only realistic solution. The question, however, is Whether it is practically feasible, given the present strain on judicial manpower and the unlikelihood of a large scale increase in numbers of Judges appointed. So, the possibility of selecting alternative personnel to manage the courts should be explored.

Resource Allocation for Infra-structural Services in Judicial Administration - A Continuum of the Report on Manpower Planning in Judiciary: A Blueprint Back

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