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Report No. 162

4.6. Necessity for training of personnel manning the tribunals.-

The need for imparting training to personnel (judicial and administrative members/ technical members) who man the tribunals cannot be ignored. The Frank's Committee (supra) also recommended the imparting of training to the members of the tribunal. The Law Commission has already stressed the need for imparting such training.

(a) Law Commission of India in its 116th Report on formation of All India Judicial Service recommended, inter alia, as follows:

"5.13. While recommending the constitution of an Indian Judicial Service, a bold step is taken to make a total departure from the earlier view that a minimum practice at the Bar is a pre-requisite to become a judicial officer. To the extent that a fresh law graduate, after qualifying at the competitive examination would enter judicial service, the importance of pre-service training both as to pattern, subject and duration, has been considerably increased.

5.14. It does not require a long argument to affirmatively assert that State Public Service Commissions generally have lost their credibility. Way back, in 1958, the Law Commission observed that "the evidence given by members of the Public Service Commissions in some of the States does create the feeling that they do not deserve to be in the responsible posts they occupy. In some of the southern States, 'the impartiality of the Commissions in making selections to the Judicial service was seriously questioned...

Now that a judicial service at an all-India level is being proposed and recommended, it is necessary to set up a National Judicial Service Commission. Its raison d'etre, composition, powers, functions and duties will be set out in detail in a separate report dealing with this aspect. Broadly, it must be composed of a recently retired Chief Justice of the Supreme Court of India, one or two retired Justices of the Supreme Court, three to five retired Chief Justices of the High Courts, one to two retired Judges of the High Court, two outstanding members of the Bar, President of the Bar Council of India and two to three outstanding legal academics. The body shall be constituted by the President of India."

(b) The Law Commission in its 117th Report on Training of Judicial Officers recommended, inter alia, as follows:

"Rendering justice is an art in itself and acquiring rudiments of the art needs training. The minimum equipment to render justice requires a keen intellect to sift grain from the chaff, to perceive falsehood, to appraise relative claims, to evaluate evidence, a fair and balanced approach, needs of the society, the constitutional goals and able all times a keen desire to do justice. None of these aspects are dealt with in the syllabus prescribed at law colleges.

If training is imparted to an impressionable mind, not contaminated by some of the prevailing undesirable practices in vogue in the present day Bar, amongst others by judges who have mastered the. art of rendering justice, the same can be acquired. In order therefore, to equip a fresh law graduate to be a good judge a pre-service training is indispensable.

Similarly, those who enter state judicial service at grass roots level will equally need training in the art of rendering justice. While the basic tenets of training in respect of both may be the same, the duration may vary depending upon the minimum qualification prescribed for becoming eligible for entering service. The Law Commission must cater to the needs for pre-service training at both the levels, institutional as well as practical training."

Review of functioning of Central Administrative Tribunal - Customs, Excise and Gold (Control) Appellate Tribunal and Income-Tax Appellate Tribunal Back

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