Report No. 117

Chapter VII

The Constitution of the Academy and the Incidental Managerial Aspects

7.1. The Academy herein recommended must be set up by the Government of India. The Chief Executive Officer of the Academy would be the Director who would be in overall charge of the administration of the Academy. In order to avoid multiplicity of bodies dealing with one or other aspects of judicial services, National Judicial Service Commission should act as an advisory body for the Academy. Broad policy framework should be laid down by the National Judicial Service Commission in the capacity of an advisory body of the Academy.

The function of selecting the Faculty must be entrusted to a committee of experts to be set up by the National Judicial Service Commission in consultation with the director of the Academy. The Director will set up a committee of himself and four senior members of the faculty to be in charge of the internal administration of the Academy. The administrative staff may be selected and appointed as per the requirements of the Academy by this committee.

7.2. Separate reports are being submitted by the Law Commission dealing with different terms prescribed with reference to judicial reforms. However, they form a chain not permitting any link to be broken. The Law Commission in its earlier report1 referred to National Judicial Service Commission while dealing with the question of Indian Judicial Service. The body therein conceived is to be charged with multifarious duties, one such being to be the advisory body for the Academy recommended in this report. Its constitution, composition and functions would form the subject-matter of a separate report to be handed in shortly. It is accordingly suggested that National Judicial Service Commission will be the advisory body for the Academy of which Director will be the Chief Executive Officer.

1. LCI, One Hundred and Sixteenth Report.