Need for Training:
Justice is the first promise of the Constitution. Judiciary is the means to reach the end called ‘Justice’. The back bone of a true democracy is the efficient and independent judiciary. In modern democracy judiciary act as a social engineer. It protects, declares and even create right.
In a complex, pluralistic, democratic society like India, which undergoes radical transformation every day, the Judge has to be sensitive, responsive and receptive. He must be imbibed with the Constitutional Philosophy of equal justice and social justice.
Further, In the context of diversification of complex litigation, explosion in knowledge, along with technological innovation the Judge cannot afford to be static and rigid in his thought and view.
To be abreast with changing trend both socially and legally it has now become imperative for a judge to have continuous and periodical judicial training.
Continuous Judicial Education is now accepted as an 'integral and essential' part of the judicial system throughout the world. Indeed, it is increasingly seen as a basic necessity, more so by pressure of work load, the complexity of various emerging trends and development of technology.
In relation to the development of judicial education, Mr. Dennis W. Catlin, ‘Founding Head of the Michigan Judicial Institute’ has observed.
“Lawyers don't become good judges by the wave of a magic wand. Not even the best lawyers. To reappear behind the Bench as a skilled jurist is a tricky manoeuvre. Going from adversary to adjudicator means changing one's attitude, learning and using new skills, and in some cases severing old ties. In many jurisdictions, judges must learn their new roles by the seat of their pants. In Michigan though, both new and veteran judges are trained extensively”.
Focus of Training Programmes:
- Give a functional familiarity with the processes of judicial decision-making.
- Update knowledge and Horne the skills.
- Impart comprehensive knowledge on legal principles and administrative matters.
- Make the Judicial Officers Computer literate.
Transforming Method and Content
A professional approach to judicial education involves both the content and the method of training. Traditionally, much of whatever judicial training was being provided has concentrated on substantive law. In some cases, this is much needed. But, in many systems particularly those which are merit-based, the training needs of judges include the development of skills and attitudes – sometimes called social context education – as much as information on the law. In terms of content, this will focus not just on substantive law, such as information of important statutes and law, but also on the skills and disposition of judging. In terms of method, lecturing will be heavily supplemented by the introduction of small-group seminars and workshops which will build on the active participation of judges in techniques of active learning, such as problem-solving case-studies, scenarios and simulations, and panel discussions to develop professional skills and judgment which build on their foundation of information and knowledge. It is important to stress that this training approach will be considerably more practical rather than theoretical and active rather than passive.
The mission of continuing education is to improve the quality of judicial performance by helping the Judges to acquire tools for professional competence. Therefore, services offered by Tamil Nadu State Judicial Academy is mainly focussed on practical assistance in performing their day today role as Judges. Training is focussed on:-
- Substantive law and court procedure
- To be assessed depending on the prior training, experience and duties of judges.
- Criminal law and procedure.
- Civil law and procedure.
- How to conduct a trial.
- Control of courtroom
- Legal research
- Admitting evidence
- Statutory interpretation
- Judgment writing and giving reasons
- Principled and uniform sentencing
- Administering natural justice, due process and fair trial
- Protecting human rights and civil liberties
- Resolving disputes through Aalternative Dispute Resolution (ADR)
- Judicial management and administration skills and Case Management
- Administering courts: filings, fixtures, hearing lists and queuing
- Record management
- Registry management and practice
- Team leadership between judicial and court officers
- Judicial information technology and computer skills
- Managing complex litigation and commercial disputes
- Judicial disposition - social context
- outlook, attitude and values
- Judicial role, powers and responsibilities
- Judicial independence, impartiality, integrity and outlook Judicial review
- Judicial conduct and ethics
- Gender/race equality
- Generic management and administrative skills
- Communication skills – written and oral
- Time management
- Computer skills
- Coaching and monitoring
- To be assessed depending on the prior training, experience and duties of judges
- Forensic scientific evidence" psychiatry and pathology – in criminal prosecutions
- Financial accounting - in complex commercial disputes Medico
- legal fundamentals - in injury cases.