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Title Page
Certificate
Declaration
Acknowledgement
Content Page

HUMAN RESOURCE MANAGEMENT IN INDIAN JUDICIARY

INDEX
Title

Page No .
Introduction

Chapter- 2

Structure

3.

Chapter - 3

Personnel

4.

Chapter- 4

Statistics

5.

Chapter- 5

Judge- population Ratio

6.

Chapter- 6

Institutionalising NCMS

7.

Chapter- 7

Concluding observations

8.

Chapter- 8

Judges profile

1.

Chapter-

2.

(From apex court up to Dist. Judiciary)


9.

Chapter-

Abbreviation

CHAPTER - 1
INTRODUCTION
Human Resource Management:Over the last years we have seen changes in
organizational culture which become more open, transparent,
egalitarian, meritocratic and performance oriented this has
made the job of the Human Resources function more
important. Human resource personnels are now very central
to the organization and its success.
It is defined and described in a variety of ways
(sometimes contra dictionary). It seems to have a variety of
meaning. It covers a range of application that varies from
organization to organization.
In simple words Human Resource Management meansemploying people, developing their capacities, utilizing their
skills, maintaining and compensating their services in tune
with the job and organizational requirements. It has many
functions which can be broadly divided into two categories,
i.e., operative & managerial.
According to Ivancevich and Gluck, Human resource
management is the function performed to organizations that
facilitates the most effective use of people to achieve
organizational and individual goals.
Byars and Rue says: Human resource management
encompasses those activities designed to provide for and
coordinate the human resources of an organization.

According to dale Yoder, the management of human


resources is viewed as a system in which participants seeks to
attain both individual and group goals.
In modern times the role of Human resource personnel is
the key factor contributing to the progress and development of
the organization. Human resource management is used as
most effective for personnel to achieve organizational and
individual goals.
Importance of HRM:
Human resources, along with financial and material
resources contribute to the production of goods and services in
an organization.
Physical and monetary resources, by
themselves, cannot improve efficiency or contribute to an
increased rate of return on investment. It is through the
combined and concerted efforts of people that monetary and
material resources are harnessed to achieve organizational
goals. But these efforts, attitudes and skills have to be
sharpened from time to time to optimize the effectiveness of
human resources and to enable them to meet greater
challenges. This is where HRM plays a crucial role. The
significance of HRM can be discussed at four levels:
1. Corporate
2. Professional
3. Social
4. National
1.Corporate: Good Human resource practices help to attract
and retain the best people in the organization. Planning alerts
the company to the types of people it will need in short,
medium and long run. HRM can aid an enterprise to attain its
goals more well-organized and effective way by: inviting and
keeping talent through effective human resources planning,
employment, selection, compensation and promotion policies:
Developing the necessary talent and right outlook

among the employees through training.


Securing cooperation of employees through
motivation.
Effectively utilizing the available human resources.
2. Professional: Optimum management of human resources
helps to further improve the quality of work life. It plays an
important role in the professional growth in the following ways
by:
Making available adequate opportunities for
personal development of each employee.
Allocating work properly and scientifically
Maintaining healthy relationship between individuals
and groups in the organizations.
3. Social: Sound human resource management has a great
significance for society. Society, as a whole is the major
beneficiary of good human resources practices in the following
ways:
Employment opportunities multiply.
Scarce talents are put to best use.
Organizations that pray and treat people well are
always ahead of others and deliver excellent results.
Maintain equilibrium between the jobs available and
job seekers in terms of numbers, qualifications,
needs and aptitudes.
Provides appropriate employment that ensures
social and psychological contentment to people.
4.National: Human resources and their organization plays an
important role in the development of nation. There is a wide
disparity in development among countries with similar
resources due to qualitative differences among their peoples.
Development of a country depends primarily on the talent,
mental framework and habits of its human resources. Efficient

management of human resources helps to fasten the process


of economic development, which in turn leads to higher
standards of living and fuller employment.
Human resource management may be defined as that
field of management which has to do with planning, organizing
and controlling the functions of procuring, developing and
utilizing a labour force such that, the objectives for which the
organizations established are attained economically and
effectively. Objectives of all level of personnel are served to
be highest possible degree, objectives of societies are duly
considered.
According to Indian Institute of personnel management,
personnel management (Human Resource Management) aims
to achieve both efficiency and justice, neither of which can be
pursued successfully without the other. It bring together and
developed an effective organization, enabling man & women
who makeup an enterprise to make their best contribution to
its success, both as an individual and as a member of working
group. In order to achieve organizational objectives two things
are required. One is the integration of the employees and
employees interest which are very much essential.
Maximum development of individual, good working,
relationship and optimum utilization of Human resources are
the primary aims of Human resource Management.
Management has to create a comfortable and suitable
environment providing necessary pre conditions for the
attainment of the objectives.
Human resource management embraces a very wide field
of activities. Human resources and their organization play an
important role in the development of a nation of course. It
varies from country to country according to qualitative

differences among their peoples as we come across many


events that development of a country depends primarily on
the talent, mental framework and habits of Human Resources.
The Human resource manager plays multiple roles like
that
of
researcher,
counselor,
bargainer,
mediator,
peacemaker, problem solver and so on.
Amongst all the natural resources, Human resources is
the best to monitor and regulate other resources according to
their need and need in social and economic sphere to which
with the passage of time and change in thinking process, by
now a revolutionary change has happened in every sphere of
the society and particularly in our country or in India then
existing social set-up and emerging society with the changing
economic scenario every set up and organizations striving
hard to find out new ways and means to achieve progress and
prosperity in every sphere.
And more the planning is effective and resources utilized
properly with a vision to change the future scenario every
organization having different base and purpose, staffing
requirements relationship between the management and
personnel are seen successful in India in the field of Trade and
Commerce, Science and technology, education and culture,
law and justice, athletics ands sports we see where the
resources are well organized, skilled, disciplined the
organizations, reach to the pinnacle of the glory.
The exemplary organizations are namely BHEL, IOL, ISRO,
WIPRO, IBM, INFOSYS, TCS, National Law University, UGC etc.
In the democratic set up and governance of the country
the integrated and independent role of the Indian Judiciary is
instrumental and humanistic. The leadership of the judiciary

and its inside and outside management has given a new shape
of the Indian social fabric and starting from grassroots level to
the apex of industrial development the role of the judiciary
cannot be overlooked and its role has been strengthened by
encompassing skilled, wise and talented persons in the
structure to attained justice in all sphere. And in other words
the justice delivery system encompasses the border line of
civilization where in starting from a lay man to the business
tycoon, none is an exception to the fold of judiciary. It acts as
a tree having its branches throughout the gamut of the society.
As the Indian judiciary system comprises with its own
honesty, dignity, decorum and transparency in justice. So its
human resources are also unique in their work and having
special identity the society.
Very often it is experienced as a countryman that
whenever and wherever there a constitutional crisis or conflict
between the union and the state government the role of
judiciary from its district forum up to the Honble apex forum it
roles are very much warranted and needful.
This Indian judiciary harbors a sense of pride and trust
amongst all the citizen of the country which results in
maintaining a healthy and disciplinary society to the possible
extent.
The disciplined and orderly social life of a nation depends
upon the magnitude of maintenance of law and order with a
string enforcing agencies which acts in a very orderly and
organized way. The fate of the country depends upon the
achievement contributed by sound judicial system. In the
global scenario even though the countries having a small
geographical boundary with limited resources they have
attained the height of the progress due to right direction
shown by their judicial institutions. In the present day world

we see that in the Middle East countries of Asia though they


are blessed with bounty of natural resources and funds, the
lifes of their citizens are at stake and there is up-heavel in
social life and every where there is chaos of confusion.
In contrast to those countries though India is
economically poor up course by now a progressive country for
its sound judicial system it has sustained the loss, by
aggression and loots by foreigners down the ages.
In view of changes in human behavior and technology the
National Judicial Academy is also acting as a watch dog to train
up good minds with a humanistic approach to dispense justice
to everyone by that no one will be discouraged to proceed with
his own skill.
As we know the Indian judiciary system comprising and
maintained high standard of morals and also maintain
transparency in implementation of law and justice. In the
judicial system the need of a national judicial academy has
arose with the progress of time since independent. Thus
judiciary is employing the best and performance oriented
minds with an open, transparent and meritocratic attributes.

The Constitution of India was adopted and enacted, inter


alia, to secure to all citizens of this country, through Preamble,
which is basic structure of the Constitution, JUSTICE Social,
Economic and Political. The State is duty bound to establish
social order in which legal system of the country provides
justice to all the citizens. Access to justice has to be ensured to
all the citizens irrespective of social, economic and political
barriers. The golden goal set out in the Preamble of the

Constitution is to
productive efforts.

be

achieved

through

sustained

and

Judiciary has gone through various phases since the


adoption of the Constitution on 26th day of November, 1949.
Various Reports on Judicial Reforms have been submitted by
the Law Commissions after in-depth study, which have dealt
with various aspects of Law substantive and procedural. It is
manifest that many of the important recommendations made
by the Law Commissions, from time to time, have not even
been properly discussed; leave aside their implementation by
the Government. It has, therefore, become imperative to
revisit the recommendations and implement those which will
promote Court Management, Case Management and improve
Administration of Justice as a whole.

The Indian Constitution provides/ permits three wings for


the governance of the country having a democratic setup,
wherein the legislature, the executive and the judiciary are the
main components for governance of the democratic setup
which is the largest democracy in the world and particularly
the judicial setup for the justice delivery system has its wings
by now from grassroots level i.e., from Gram Nyalaya up to the
apex court i.e., the Honble Supreme Court of India
The Human Resources plays a vital role in taking into
consideration multidimensional social, economics,political and
moreover indivisual problems of every citizen with in the
political boundries of the country.
Management of human resources so far judiciary is
concerned is quite different from that of executive and
legislature. Though the legislature combining of both the
houses of parliament and the state assemblies frames or make

law of the land the judiciary has its own integrated and
independent role for enforcement of the law. With the march
of time since independent with the change of social trends,
cultural variations the justice delivery system has undergone a
great change according to the suitability and need of the time

CHAPTER-2
Structure:

The indian judiciary having its justice delivery system


through the structural components starting from panchayat level
up to block and Tahsil and police station having its jurisdiction of
Gram Nyalaya. Also in the sub-divisional set up which comprises
numbers of Tahsils, and blocks from a sub-divisional set up.
Wherein the sub-divisional judicial Magistrates and the Civil
Judge(Jr. Divn)/ (Sr. Divn) plays vital role in dispensing justice both
in cases of Civil and Criminal in nature.
Then comprising of sub-division the Distict Judiciary functions
having its jurisdiction over the territory of revenue Jurisdiction
having its head the District and sessions judge for the smooth
administration of the justice. In the District set up there are
different forums for appeals and revisions which also warrants
human resources with due skill and ability for enforcement of law.
In the state level the High Court has its over all
independent jurisdiction fulfilling the basic fundamental rights of
every citizen as envisaged in the Indian constitution. As such the
high court has full control over the state judiciary and the next
forum over and above is the apex court i.e., the Supreme Court.
In the state set up there are various tribunals where in at every
steps requires skilled appropriate persons as functionaries of
justice delivery system in various prospective.

The apex court has the soverign inherent power over the
entire territories and political boundries of india. And it acts as
the guide to the indian constitution and the rule of the apex court
is well defined in guarding the constitutional rights and
simultaneoulsy whip to remain alert on the responsibilities of
every citizen of the country. At every step the role of human
resources is of high importance and of paractical utility to make
the structure apt and efficient in the justice delivery system.

Structural diagram of the Indian Judicial system(Fig-2.1)

DHSTG RU IR GS I PBA B T H R - M UR E IN MC A T
LCEND OYI C V A U O I L S R U A I T O RY TN A L
AC O U R T

CHAPTER-3
PERSONNEL:
Hon'ble The Chief J u s t i c e of India h a s
pleased to
approve the following Scheme on 02.05.2012.

been

"SCHEME OF NATIONAL COURT MANAGEMENT SYSTEMS (NCMS)


FOR ENHANCING TIMELY JUSTICE
A. Background and Rationale

India h a s one of the largest judicial systems in


the world with over 3 crores of cases a n d sanctioned stre
ngth of some
16,000* J u d g e s . The system h a s expanded rapi
dly in the last
three decades, reflecting India's social, economic
a n d political
development in this period. It is estimated t h a t t
he n u m b e r of
J u d g e s / C o u r t s e x p a n d e d six fold while the
n u m b e r of cases
e x p a n d e d by double t h a t n u m b e r - twelve f
old. The judicial
system is set to continue to expand significantly
over the next
three decades, rising, by the m o s t conservative e
stimate, to at
least a b o u t 15 crores of cases requiring at least
some 75,000
Courts/Judges.
Some* 74% of the cases in Indian courts are le
ss t h a n five

years old, of which some *40% are less t h a n 1 year


old. There is
an u r g e n t need to m a k e the Judicial System 'five
plus free' (i.e.,
free of cases more t h a n five years old) by addressin
g the *26% of
cases t h a t are older t h a n five years. There is an
equally u r g e n t
need to s h o r t e n the average life cycle of all cases not only time
s p e n t within each court, b u t also total time in the j
udicial system
as a whole, to bring the average to no more t h a n
a b o u t one year
in each court. There is also need to systematically
maintain and
continuously seek to e n h a n c e quality a n d resp
onsiveness of justice.
Addressing
these
challenges
will require
substantial
u p g r a d i n g of court m a n a g e m e n t systems. Toda
y, d a t a on cases
filed in
the Indian
judicial
system is
still
gatheredand
m a i n t a i n e d in m a n u a l d a t a s y s t e m s by c o u r t s a
cross the country
(especially d a t a of s u b o r d i n a t e courts where near
ly 90% if the
litigation resides) involving m a n u a l recording of ca
se a n d court
information in over 50-60 registers or m a n u a l s (o
r more). Each
m o n t h , considerable time is s p e n t by local c o u r t s
compiling d a t a

from m a n u a l registers to s u b m i t reports to higher


courts. There
are a
few exceptions
where
information is
entered
and
m a i n t a i n e d in computerized systems at the s u b
o r d i n a t e court
level.
There are inconsistencies across States in
t e r m s of the
d a t a categories a n d criteria applied to the d a t a
(for example, in
some s t a t e s s u p p l e m e n t a r y matters, or someti
mes even each
prayer for relief, m a y be counted as a separate cas
e w h e r e a s in
other s t a t e s only the m a i n case m a y be counted
as a case; the
n o m e n c l a t u r e u s e d for cases varies widely a n d is
not comparable
in some cases). This m a k e s it quite diffi cult to
compare d a t a
across States. Very little d a t a is available in real
time. At the
p r e s e n t time, some d a t a is gathered by the S u p r e
m e Court from
High Courts a n d published in its Court News. Some
d a t a is also
gathered by the D e p a r t m e n t of J u s t i c e from Hi
gh Courts. This
latter information is not publicly accessible. Data o
n criminal
cases is compiled by the National Crime Records B
u r e a u . This
d a t a is also b a s e d on a set of criteria t h a t are diffe
rent from those

u s e d by the judiciary a n d hence the two sets of d a


t a a p p e a r to be
mutually
incompatible. Data is not b a s e d on p
erformance
s t a n d a r d s - t h u s , in the absence of time table
s or d a t a systems
that will track
individual cases
against
established time
s t a n d a r d s , there is in fact no scientific d a t a on d
elays in courts
today.

Data is m a n u a l , sometimes inconsistent, splint


ered a n d not
available in real time. An a c c u r a t e a n d complete n
ational picture
of the performance of the Indian judicial system is
not readily
available.
It
is
therefore hardly
surprising
that there
is
considerable misunderstanding
amongst policy
makers and
people at large a b o u t the performance of the judic
ial system at
the national level; a n d the challenges it faces. Cri
tical national
policy challenges s u c h as "docket exclusion" are not
surfaced by
the d a t a t h a t is currently available. Nor is there a d
e q u a t e d a t a to
permit a meaningful analysis of timeliness, quality or
effi ciency of
the judicial system.

A number
of initiatives are currently taken to
modernize
and
strengthen the judicial system. The developmentand i
mplementation of these initiatives will require reliabl
e data
and statistics
about the
judicial system. Effective administration
of an
increasingly
large
and
complex judicial system is not
possible without a well developed
system of judicial statistics a nd
an effective m a n a g e m e n t
information
system being available to
the judiciary at the national level.
B. Objectives
Against the above b a c k g r o u n d , the Hon'ble Chi
ef J u s t i c e of
India, Hon'ble J u s t i c e S.H. Kapadia h a s expressed
a desire to
establish comprehensive
Court
Management
Systems for the
country t h a t will e n h a n c e quality, responsiveness
a n d timeliness
of courts.

Hon'ble the Chief J u s t i c e of India, after c


onsulting the
Minister of Law a n d J u s t i c e in the Government
of India, is
pleased to establish National Court Management Syst
ems.

The National Court M a n a g e m e n t Systems wil


l be u n d e r
overall control of Hon'ble the
Chief J u s t i c e
of India. It will
primarily deal with policy issues. NCMS will include th
e following
six m a i n elements:
(1) A National Framework of Court Excellence (NFCE) t
h a t will set
measurable performance standards for Indian
courts,
addressing i s s u e s of quality, responsiveness a n d ti
meliness.
(2) A

system for monitoring


and e n h a n c i n g
performance
parameters established in
the NFCE
on
quality,
responsiveness a n d timeliness
(3) A system of Case
friendliness of
the Judicial System.

Management

the

to e n h a n c e u s e r

(4) A National System of Judicial


Statistics (NSJS) to
provide a
common national platform for recording
and
maintaining
judicial statistics from across the country. NSJS
should
provide real time statistics on cases a n d courts
t h a t will
enable systematic analysis of key factors s u c h
as quality,

timeliness a n d effi ciency of the judicial system acros


s courts,
districts/states, types
of cases,
stages
of ca
ses, costs
of
adjudication, time lines of cases, productivity a n d e
ffi ciency of
courts, u s e of b u d g e t s a n d fi nancial resources. It
would
e n h a n c e t r a n s p a r e n c y a n d accountability.
(5) A Court
Development Planning System t h a t will
provide a
framework for
systematic
five year
plans
for the f u t u r e
development of the Indian judiciary. The p l a n n i n g sy
stem will
include individual court development plans for all the
courts.

(6) A Human Resource Development Strategy


setting s t a n d a r d s on
selection a n d training of j u d g e s of s u b o r d i n a t e cour
ts.
The administrative a n d technological "backbone" of
these
systems will be m a i n t a i n e d at the S u p r e m e Court
a n d overseen
by a Committee consisting of the representatives.
Specific proposals will be developed in each of these
areas
for consideration a n d implementation by a n d t h r o
u g h the High

Courts
C. National Court Management S y s t e m s C o m m i t t e
e
(N.C.M.S.C.):
Specific proposals for the Court Management
System as
outlined above will be developed by an 18 m e m
b e r National
Court
Management Systems Committee
(N.C.M.S.C.), which,
subject to directions of Hon'ble the Chief J u s t i c e
of India, shall
consist of the following:
Chair:
A J u r i s t / D o m a i n Expert n o m i n a t e d by the Ho
n'ble Chief
J u s t i c e of India. He will be paid h o n o r a r i u m a n
d given s u c h
facilities as m a y be decided by Hon'ble the Chief J u s
t i c e of India
for Chairing N.C.M.S.C.
Members:
1. Four Sitting J u d g e s (one from each zone in Indi
a) n o m i n a t e d
by the Hon'ble Chief J u s t i c e of India.
2. Secretary General of the S u p r e m e Court (exofficio).
3. J o i n t Secretary a n d Mission Director (National
Mission for
Judicial Delivery a n d Legal Reforms), D e p a r t m e n t o
f Justice,
Government of India (ex-officio).
4. Registrar Generals of three High Courts n o m i n
a t e d by the

Hon'ble Chief J u s t i c e of India.


5. Director, National Judicial Academy.
6. Two practising Advocates n o m i n a t e d by the H
on'ble Chief
J u s t i c e of India.
7. An expert Statistician, n o m i n a t e d by the Chief
Statistician of
India.
8. An expert
ng

in m a n a g e m e n t

systems

maki

and

process re-engineering,
Hon'ble

of decision

nominated

by

the

Chief

J u s t i c e of India.
9. An

expert

relevant to

in

Computer

Technology

Court

Management, n o m i n a t e d by the Hon'ble Chief J u s t i c


e of India.
10. A representative

of a NGO working for improving

access to
justice
d

and

u s e r friendliness of courts,

nominate

by the

Chief J u s t i c e of India.
11. Additional
,

Registrar,

Information

and

Statistics

Supreme

Court of India (ex-officio) - Member Secretary.


The Committee shall be supported
r y staff a n d
facilities as following:
a. B r a n c h Officer
- One

by n e c e s s a

(In the pay-scale as applicable in the Registry of


Supreme
Court of India)
b. Senior Personal Assistant
- One
(In the pay-scale as applicable in the Registry of
Supreme
Court of India)
c. Personal Assistant - One
(In the pay-scale as applicable in the Registry of
Supreme
Court of India)
d. Court Assistant
- One
(In the pay-scale as applicable in the Registry of
Supreme
Court of India)
e. J u n i o r Court Assistants
- Two
(In the pay-scale as applicable in the Registry of
Supreme
Court of India)
f. C h a u f f e u r
- One
(In the pay-scale as applicable in the Registry of
Supreme
Court of India)
g. J u n i o r Court A t t e n d a n t s - Three
(In the pay-scale as applicable in the Registry of
Supreme
Court of India)
The staff shall be called on d e p u t a t i o n
on s u c h terms,
conditions a n d facilities as Hon'ble the Chief J u s t i c e
of India m a y
decide. They shall be u n d e r overall supervision
of Additional
Registrar, Information a n d Statistics, S u p r e m e Cour
t of India for

day-to-day functioning..
D. Advisory C o m m i t t e e :
The NCMS Committee shall be advised by a
n Advisory
Committee consisting of two J u d g e s of S u p r e m e
Court of India
a n d s u c h other Chief J u s t i c e s / J u d g e s of High
Courts as m a y be
n o m i n a t e d by the Hon'ble Chief J u s t i c e of India.
The Chair of the NCMS Committee shall be a m e m b e r
of the
Advisory Committee.
Secretary, D e p a r t m e n t of J u s t i c e , Government o
f India,shall be Ex-officio Member of Advisory Committe
e.
The Secretary-General of the S u p r e m e Court shall
be the convenor of the Advisory Committee.
E. Time Line
A comprehensive implementation plan for NCM
S shall be
prepared within 2 m o n t h s of e s t a b l i s h m e n t for co
nsideration a n d
approval of Honourable the Chief Justice of India. The
implementation plan shall entail not only how Na
tional Court
Management
Systems will be established b u t how it will be
Institutionalised and
sustained.
It will identify all
resource
r e q u i r e m e n t s for the s a m e . NCMS will also complem
ent efforts of
other Bodies for objectives stated above.
F. Financial Aspects

It is needless to mention t h a t the Comm


ittee, once it is
constituted, would require proper i n f r a s t r u c t u r e a n
d Office space
to a c c o m m o d a t e its Members a n d Offi cers/Staff
preferably in
close proximity to the S u p r e m e Court premises. A
car for Office
work also m a y have to be provided. Chairperson a n
d Members of
N.C.M.S.C. m a y have to be provided a s s i s t a n c e for
meetings, as
Hon'ble Chief J u s t i c e of India m a y direct. Chairperso
n and s u c h
Members of N.C.M.S.C., as Hon'ble Chief J u s t i c e of
India m a y
from time to time direct, m a y have to visit High C o u
r t s / S t a t e s as
m a y be n e c e s s a r y for consultation a n d study.
The t e r m s a n d conditions, on which service
s of Chairperson
a n d Members of NCMS Committee will be availed, will
be decided
by Hon'ble the Chief J u s t i c e
of India. Provision
to appoint
s u p p o r t staff on e s t a b l i s h m e n t of S u p r e m e Court
of India a n d / o r
on d e p u t a t i o n will have to be m a d e . The NCMS C
ommittee will
prepare budget for its activities from time to ti
me a n d ,
on
approval of Hon'ble the Chief J u s t i c e of India, the
s a m e will be
included in Budget of S u p r e m e Court of India.

In
pursuance
of
the above,
various steps
are being taken institutionalize NCMS to. Guidelines
are
to
be
laid
down
to a d d r e s s i s s u e s
relating to a n d affecting Administration
of J u s t i c e a n d to fulfill the
objects a n d meet the targets.
Staff of the Registries of various Courts is an i m p o r t a
n t element of
J u s t i c e Delivery System which gets ignored m o s t of the ti
mes. Proper
Care is not taken to ensure appointment of properly qualified s
taff. Their
working and living conditions are deplorable. Service careers a
re not
Clear. Large numbers
of
m a t t e r s are shouldered by few staff members.
Most of the States have only clerical staff r e c r u i t m e
n t who rise to
become Clerks-of-Courts, Nazir or Registrar. Between Judicial O
fficers
and
such clerical staff, there is no Officer level recruitment of offici
als
3.3 Minimum n u m b e r of staff in a given Court is fixed by G
overnment
Circulars unmindful of the number of matter sin that Court. Mo
st of the
times, one Bench Clerk, one Assistant Bench Clerk, one Stenog
rapher
and two Peons, are provided to Judicial Officers of J o i n t Court
s. S a m e

staff is required to deal with files w h e t h e r they are 800 or 8


000 files.
Increase in Court files does not result in increase in n u m b e r
of staff.
Principal District J u d g e s have not b e e n delegated with po
wers to create
posts of additional Assistant Bench Clerks even where the over
all
average pendency h a s been very high. At m a n y places, ide
ntification of
ideal n u m b e r of m a t t e r s per Court have not been done.

3.4 Policy is required to be m a d e regarding ideal n u m b e r


of files to be
h a n d l e d by court staff for different Courts at different level
s a n d , if the
n u m b e r of average m a t t e r s increases, provision for addi
tional staff be
m a d e . An outer limit m a y have to be fixed for cases where
n u m b e r of
files increases double t h a n the ideal n u m b e r , how the s a
m e should be
dealt with a n d w h a t will be the responsibility of the State in
such
m a t t e r s . State cannot keep legislating new provisions a n
d laws a n d
crowd cases in Courts a n d t h e n decline to give more i n f r
astructureand
staff
3.5
Recruitment Policy, S t a n d a r d Staffing P a t t e r n s a n d Tr
aining Policies for
Staff working in Courts need to be settled. There is need of " H
uman

Resource Department" to be established at the High


Courts. Posts of
Court Managers are n e c e s s a r y for professional working of
Registries.
The Indian judiciary set up starting from Gramnyalaya and up
to the apex court having its own human resources of different
cadres and status considering their skill, educational
qualification and ability to discharge their duties and
responsibilities in the system.
Judges- in every set up taking into consideration the position of
law and the chain of events and occurrence contributing to the
formation of a case, he is the sole interpreter of different
sections as provided by the I.P.C., Cr.P.C., and C.P.C., in the
case of Civil laws. But, the forum is having its appellate and
revision powers of different orders.
Ministerial staffs- safe up keeping of records, their
maintenance, carrying out judicial orders passed on records,
compliance as required and over all to assist the judge/
magistrate/ presiding officer in smooth discharging of his
prescribed duties.
Process server- Even though the cadre and status of the
process server is at the bottom of the judicial structure but its
role is of high importance since he acts as a path finder/feeder
to the system to call for the accused, witnesses, respondents
to the court premises to substitute the judicial proceedings as
such he initiates the action needed for finalizing of disputes
and cases.
And like other set up such as other human agencies are also
never be looked over like peons, sweepers, night watchman,
drivers and the like.

CHAPTER-4
STATISTICS
4.1 Success of an Institution depends on meticu
lous planning and no planning
can succeed
without correct and complete statistics of
important
elements.
Insofar as Judiciary is concerned
,
number
pending cases
of, number of Judicial Officers, number of Staff Members,
n u m b e r of Court Halls a n d availability of i n f r a s t r u c
t u r e are some of
the key elements whereof correct and complete
statistics
are
always
required
to dismay, statistics, most of the times, have been either
incomplete or incorrect.
4.2 Hon'ble the Chief J u s t i c e of India h a s been pleased
to set up a
Secretariat in the Registry of the Supreme Court of India for col
lection of
Information and Statistics. The Information and Statistics Secre
tariat is
in regular contact with High Courts for various statistical infor
mation
and the same is being collected a n d compiled. The experienc
e shows,

from many quarters, inflow of incomplete and incorrect inform


ation
from
HighCourts,apart
from being delayed. In
this
era of
computerization, no reason would suffice why a network canno
t be
established of a portal from where each Court in the country c
an feed
monthly, quarterly, half-yearly and yearly figures compiled in g
iven
Formats and timely correct information of filing a n d disposal
of cases
becomes available at the click of a button. If E-tickets of Railwa
ys can
be booked in one part of the country and print generated in an
y other
part of the country, generating information of statistics relatin
g to
Judiciary may not be difficult
4.3
Information a n d Statistics Cell of the S u p r e m e Court of In
dia h a s collected information regarding
Institution a n d disposals for the year 2011. The s a m e is as
u n d e r :4.4 Information
h a s also beencollected regarding n u m
b e r of J u d g e s
including their sanctioned a n d working s t r e n g t h s a n d v
acancies. The
s a m e is as u n d e r : FIGURE - ii
Updated as on 1 6 / 9 / 2 0 1 2
NUMBER OF JUDGES (AS ON 31/12/2011)
S.No.
Name of Court/s
Sanctioned Strength
Working Strength Vacancies
1
Supreme Court
31 27 4
2
High Courts
895 622 273

Subordinate Courts
Total
CHAPTER-5

17945
18871

14275
14924

3670
3947

JUDGE-POPULATION RATIO

5
Hon'ble S u p r e m e
"All India J u d g e s

Court

of India,

in

the

matter

of

Association v. Union of India" [2002 (4) SCC 247], observed as


under: -

"25. An i n d e p e n d e n t a n d efficient judicial system is one


of
the basic s t r u c t u r e s of our Constitution. If sufficient
n u m b e r of J u d g e s are not appointed, justice would not
be available to the people, thereby u n d e r m i n i n g the
basic s t r u c t u r e . It is well k n o w n t h a t justice delayed
is
justice denied. Time a n d again the inadequacy in the
number
of J u d g e s
h a s adversely beenc o m m e n
ted
u p o n . Not only have the Law Commission a n d the
s t a n d i n g committee of Parliament m a d e observations in
this regard, b u t even the h e a d of the judiciary, namely,
the Chief J u s t i c e of India h a s h a d more occasions t h a n
once to m a k e observations in regard thereto. Under the
circumstances, we feel it
is
our constitutional
obligation to e n s u r e t h a t the backlog of the cases is
decreased a n d efforts are m a d e to increase the disposal
of cases. Apart from the steps which m a y be n e c e s s a r y
for increasing the efficiency of the judicial officers, we
are of the
opinion that time has now come
for
protectingone of the
pillars
of the
Constitution,
namely, the judicial system, by directing increase, in
the first instance,
in the J u d g e strength from the
existing ratio of 10.5 or 13 per 10 lakhs people to 50
J u d g e s for 10 lakh people. We are conscious of the fact
t h a t overnight these vacancies c a n n o t be filled. In order
to have Additional J u d g e s , not only the post will have

to be created b u t i n f r a s t r u c t u r e required in the form


of
Additional Court rooms, buildings, staff, etc., would
also have to be m a d e available. We are also aware of
the fact t h a t a large n u m b e r of vacancies as of today
from a m o n g s t the sanctioned strength r e m a i n to be
filled. We, therefore, first direct
that the existing
vacancies in the s u b o r d i n a t e Court at all levels should
be
filled, if possible, latest by 3 1 s t March, 2003, in all
the States. The increase in the J u d g e strength t
o 50
J u d g e s per
10 lakh people should be effect
ed a n d
implemented with the filling up of the posts in p h a
sed
m a n n e r to be determined a n d directed by the
Union
Ministry of Law, b u t this process should be complet
ed
a n d the increased vacancies a n d posts filled withi
n a
period of five years from today. P e r h a p s increasing t
he
J u d g e strength by 10 per 10 lakh people every
year
could be one of the m e t h o d s which m a y be ado
pted
thereby completing the first stage within five ye
ars
before e m b a r k i n g on f u r t h e r increase if necessary.
5.2
The above observations of Hon'ble S u p r e m e Court of India
m a d e on

2 1 . 0 3 . 2 0 0 2 still require attention a n d Judge-Population r


atio requires to
be narrowed down. Sufficient Court Rooms, Buildings a n d sta
ff are yet
to be m a d e available. States are required to act in this regar
d
5.3
While examining this, it m a y be important to keep in mind th
e actual
a m o u n t of litigation a n d other relevant factors in various S
tates to
determine the Judge-Population Ratio
In our district Balangir the Judicial set up of the District Judiciary is comprising
its judges, ministerial staffs, peons, process servers. The staffing pattern of this
set up is as follows:

Heada CLrk
CHAPTER - 6
INSTITUTIONALISING NCMS

6.1 To implement the Scheme approved by Hon'ble the Chief J


u s t i c e of
India, it is proposed to establish, u n d e r the Secretary Gener
al,
Supreme Court of India, an Office for recommending Policy, Str
ategy
and Planning. Under this Office, m e c h a n i s m s of following
will be
created
i.
National Judicial System performance s t a n d a r d s (qua
litative
and quantitative);
ii.
A System of Court Statistics (CS) for monitoring
the
achievement of the s t a n d a r d s including coordination of d
ata

from related agencies s u c h as police and jails;


iii. An Informatics System for digitalizing a n d streamlining a
ll
d o c u m e n t s a n d d a t a of the Judicial
System across th
e
country in a
p h a s e d m a n n e r in accordance with local
circumstances;
iv. A National Framework
of Court Management and
Case
Management for achieving those standards; and
v.
A
Court
User Interface to
enhance user
friendliness
including a Grievance Redress System;
vi. A Budget and Planning System to identify the financial an
d
other resources needed for the development of the Judiciary;
vii. A H u m a nResource Development System for systema
tic
planning of the
development and training of
hum
an
resources of Bench a n d Bar (including prosecutors) and
court staff, as well as development of related capabilities
s u c h as investigation and staff required for functioning of
courts s u c h as Protection Officers, Counsellors, etc.;
viii. Planning for the development of ADR;
ix. Planning for the development of access to justice and leg
al
aid u n d e r guidance of NALSA.
x.
Communication
System for effective
communication
to
public and media about judicial decisions.
The Government of odisha in Home Department vide
resolution no-31978 Dt. 21/7/2011 in the matter of creation of
post of Courts Manager for High Court and sub-ordinate courts
at the District level, who are professionally qualified with MBA
degree to assist judges in various aspects.

These court managers will also be useful for feeding the


national arrear grid that would be setup to monitor disposal of
cases in all courts.
The finance commission considering such an innovative
approach recommended for creation of a post of court
manager in each judicial district to assist the principal and
sessions judges in the administrative functionary of the courts.
Thus the finance commission have recommended for
creation of two posts of court managers for the high court and
one post of court manager for each district court.
In our state, thirteen revenue distr5ict were constituted
for smooth functioning of the state and equal numbers of
judgeship and sessions divisions have also been constituted.
Role of court manager- the functions and responsibilities of
court managers in line with the guidelines issued by
government of India in the ministry of finance department of
expenditure in their letter no- F/32(30)FCD/2010 Dt.
20.09.2010 as indicated in the schedule
CHAPTER-7
CONCLUDING OBSERVATIONS
Since, the justice delivery system deals with common human
problems in relation to social norms. It requires a deep inside
into the human affairs and human acts be it wrong or right
according to social and political values of the country.

It

invites lot of prudence and profound ability on the part of


judges and the human resources in and around the set up

assisting them in right functioning of the court. So at every


step the role of a true human being with all its considerations
and human values are the basic needs for a successful justice
delivery system.
With the progress of trade and commerce development in
the field of science and technologies and basically information
technology the human problems have become manifold to
cope up with the speed and magnitude of the problem a
rational mind a sensible heart and sharp and profound
knowledge is required at every steps while dealing with
persons in dispute or in conflict with law.
CHAPTER

Judges portfolio
(from apex court up to the dist. Judiciary
Judges at present sc/hc/dist.

Hon'ble the Chief Justice of India

1
Hon'ble Mr. Justice H.L. Dattu (DoB.03.12.1950)
Term of Office: (DoA)17.12.2008 to (DoR)02.12.2015
Appointed as The Chief Justice of India on 28.09.2014
PROFILE

Hon'ble Judges

2
Hon'ble Mr. Justice T.S. Thakur (DoB.04.01.1952)
Term of Office: (DoA)17.11.2009 to (DoR)03.01.2017
PROFILE

3
Hon'ble Mr. Justice Anil R. Dave (DoB.19.11.1951)
Term of Office: (DoA)30.04.2010 to (DoR)18.11.2016
PROFILE

4
Hon'ble Mr. Justice Jagdish Singh Khehar
(DoB.28.08.1952)
Term of Office: (DoA) 13.09.2011 to (DoR)27.08.2017
PROFILE

5
Hon'ble Mr. Justice Dipak Misra (DoB.03.10.1953)
Term of Office: (DoA) 10.10.2011 to (DoR)
02.10.2018
PROFILE

6
Hon'ble Mr. Justice Jasti Chelameswar
(DoB.23.06.1953)
Term of Office: (DoA) 10.10.2011 to (DoR)
22.06.2018
PROFILE
7
Hon'ble Mr. Justice Fakkir Mohamed Ibrahim
Kalifulla (DoB.23.07.1951)
Term of Office: (DoA) 02.04.2012 to (DoR)
22.07.2016
PROFILE
8
Hon'ble Mr. Justice Ranjan Gogoi (DoB.18.11.1954)
Term of Office: (DoA) 23.04.2012 to (DoR)
17.11.2019

PROFILE
9
Hon'ble Mr. Justice Madan Bhimarao Lokur
(DoB.31.12.1953)
Term of Office: (DoA) 04.06.2012 to (DoR)
30.12.2018
PROFILE

10
Hon'ble Mr. Justice M.Y. Eqbal (DoB.13.02.1951)
Term of Office: (DoA) 24.12.2012 (F.N.) to (DoR)
12.02.2016
PROFILE
11
Hon'ble Mr. Justice V. Gopala gowda
(DoB.06.10.1951)
Term of Office: (DoA) 24.12.2012 to (DoR)
05.10.2016
PROFILE
12
Hon'ble Mr. Justice Vikramajit Sen
(DoB.31.12.1950)
Term of Office: (DoA) 24.12.2012 to (DoR)
30.12.2015
PROFILE
13
Hon'ble Mr. Justice Pinaki Chandra Ghose
(DoB.28.05.1952)
Term of Office: (DoA) 08.03.2013 (F.N.) to (DoR)
27.05.2017
PROFILE
14
Hon'ble Mr. Justice Kurian Joseph (DoB.30.11.1953)
Term of Office: (DoA) 08.03.2013 to (DoR)
29.11.2018
PROFILE

15
Hon'ble Mr. Justice Arjan Kumar Sikri
(DoB.07.03.1954)
Term of Office: (DoA) 12.04.2013 to (DoR)
06.03.2019
PROFILE
16
Hon'ble Mr. Justice Sharad Arvind Bobde
(DoB.24.04.1956)
Term of Office: (DoA) 12.04.2013 to (DoR)
23.04.2021
PROFILE
17
Hon'ble Mr. Justice Shiva Kirti Singh
(DoB.13.11.1951)
Term of Office: (DoA) 19.09.2013 to (DoR)
12.11.2016
PROFILE
18
Hon'ble Mr. Justice Chockalingam Nagappan
(DoB.04.10.1951)
Term of Office: (DoA) 19.09.2013 to (DoR)
03.10.2016
PROFILE
19
Hon'ble Mr. Justice R.K. Agrawal (DoB. 05.05.1953)
Term of Office: (DoA) 17.02.2014 to (DoR)
04.05.2018
PROFILE

20
Hon'ble Mr. Justice N.V. Ramana (DoB. 27.08.1957)
Term of Office: (DoA) 17.02.2014 to (DoR)
26.08.2022
PROFILE

21
Hon'ble Mr. Justice Arun Mishra (DoB. 03.09.1955)
Term of Office: (DoA) 07.07.2014 to (DoR)
02.09.2020
PROFILE
22
Hon'ble Mr. Justice Adarsh Kumar Goel (DoB.
07.07.1953)
Term of Office: (DoA) 07.07.2014 to (DoR)
06.07.2018
PROFILE
23
Hon'ble Mr. Justice R.F. Nariman (DoB. 13.08.1956)
Term of Office: (DoA) 07.07.2014 to (DoR)
12.08.2021
PROFILE

24
Hon'ble Mr. Justice Abhay Manohar Sapre (DoB.
28.08.1954)
Term of Office: (DoA) 13.08.2014 to (DoR)
27.08.2019
PROFILE

25
Hon'ble Mrs. Justice R. Banumathi (DoB.
20.07.1955)
Term of Office: (DoA) 13.08.2014 (F.N.) to (DoR)
19.07.2020
PROFILE

26
Hon'ble Mr. Justice Prafulla Chandra Pant (DoB.
30.08.1952)
Term of Office: (DoA) 13.08.2014 to (DoR)
29.08.2017
PROFILE

27
Hon'ble Mr. Justice Uday Umesh Lalit (DoB.
09.11.1957)
Term of Office: (DoA) 13.08.2014 to (DoR)
08.11.2022
PROFILE

28
Hon'ble Mr. Justice Amitava Roy (DoB.01.03.1953)
Term of Office: (DoA) 27.02.2015 to (DoR)
01.03.2018
PROFILE

DoB - Date of Birth


DoA - Date of Appointment
DoR - Date of Retirement

Orissa high court, cuttack


HONOURABLE SHRI JUSTICE D.H. WAGHELA, CHIEF JUSTICE, ORISSA HIGH
COURT

Name

Justice Pradip Kumar Mohanty

Date of Birth

10-06-1955

Date of Appointment

07-03-2002

Name

Justice Vinod Prasad

Date of Birth

28/11/1954

Date of Appointment

05-10-2005

Transferred from Allahabad Highcourt and joined as Judge Orissa H


Court : 02-07-2014

Name

Justice I. Mahanty

Date of Birth

11-11-1960

Date of Appointment

31-03-2006

Name

Justice Sanju Panda

Date of Birth

10-07-1959

Date of Appointment

01-03-2007

Name

Justice B. P. Ray

Date of Birth

02-03-1955

CHAPTER 9
Abbreviations
I.P.C.Indian Penal Code
Cr.P.C-Criminal Procedure Code
C.P.C.Civil Procedure Code.
J.M.F.C.-Judicial Magistrate First Class
S.D.J.M.-Sub divisional judicial Magistrate
CJ(JD)-Civil judge (Junior Division)
CJ(SD)-Civil judge (Senior Division)
C.J.M- Chief Judicial Magistrate.
HC-High Court
SC-Supreme Court
Apex Court-Supreme Court.
N.C.M.S-National Court Management system
ADR- Alternative Dispute resolution