Report No. 117

Scope of Training

4.3. What ought to be the scope of training must next engage our attention. In recent years, expectations from Judiciary have increased manifold. Widening scope of locus standi, public interest litigation, epistolary jurisdiction, relaxing considerably the mandate of procedural laws, legal aid and Lok Adalats, have contributed to the expanding horizon of judicial duties and functions. Union and State Governments accepting the mandate of part IV of the Constitution, have enacted plethora of legislations with a view to improving the lot of the poor, the down-trodden and the deprived. The labour laws have brought to fore a different kind of causes and controversies.

Members of the Judiciary aiming to translate into action the concept of socio-economic justice within the framework of the Constitution must be fully equipped to meet the challenges facing the Judiciary. This equipment can come from institutional training. The scope of training must comprehend all these aspects. The Commission is of the view that the recommendations of the Omrod Committee of the United Kingdom would not be adequate for imparting sufficient training to the new entrants to the judiciary. That Committee recommended the setting up of an institute of professional legal status to offer continuing legal education in five broad sections:-

(i) Courses in Judicial duties;

(ii) Refresher courses;

(iii) Courses in new legislation;

(iv) Specialist's courses; and

(v) Inter-disciplinary courses.

Undoubtedly, courses in judicial duties may include topics such as fair and unbiased approach, critical appreciation of evidence, object and purpose behind legislation and achievement of constitutional goals. If such be the splitting-up of heads then, of course, the five broad sections indicated by the Omrod Committee may provide adequate scope for imparting training to judicial officers. While broadly indicating syllabus, topics to be included in the three distinct courses will be specifically set out. Suffice it to say at this stage that the training must be comprehensive so as to equip a fresh young entrant to judicial service with all such qualifications as would make him an ideal and useful judge.