J T R I J O U R N A L WITH ANNUAL REPORT ISSN No 0976-9153 EIGHTEENTH YEAR Issue XXXIV March, 2014 Judicial Training & Research Institute, U.P. Vineet Khand-1, Gomti Nagar, Lucknow- 226010 1 Hon’ble Dr. Justice Dhananjaya Yashwant Chandrachud Chief Justice Allahabad High Court 2 3 Hon’ble Mr. Justice S.K. Singh Senior Judge Allahabad High Court 4 Justice S.K. Singh Judges Chamber Senior Judge High Court, Allahabad th 12 March, 2014 MESSAGE It gives me immense pleasure to know that like previous years this year also Judicial Training & Research Institute, U.P., Lucknow is going to publish its journal. I am happy to state that the Institute is achieving its goal to upgrade the skills and appropriate attitudinal reorientation by organising induction training programme for the newly appointed judicial and prosecution officers, refresher courses for judicial officers, research work in the field of law to make legal system more effective and to find out ways and means of expeditious disposal of cases. I hope the journal will be proved as a platform to encourage Judicial Officers to share knowledge and experience in the field of Law and interdisciplinary areas. Congratulations and best wishes to all. ( S.K. Singh ) 5 Hon’ble Mr. Justice Uma Nath Singh Judge, Allahabad High Court 6 7 Hon’ble Mr. Justice Arun Tandon Judge, Allahabad High Court, Allahabad Administrative Judge, Lucknow 8 JUSTICE ARUN TANDON High Court, Allahabad Dt. 14.03.2014 Message I am pleased to know that the Judicial Training & Research Institute U.P., Lucknow has been publishing its annual Journal since 1995. The Journals so published do reflect the vision and progress of the Institute. It includes the articles of Hon’ble Judges, Academicians and Judicial Officers. Such Journals do help to improve the knowledge of the persons involved in the field of law and also helps in developing a stronger judicial system for the welfare of the society. The Journal to be published this year will also achieve the said goal and would definitely reflect upon the improvements made for the judicial training of officers at the Institute. I wish all success to the Judicial Training & Research Institute U.P., Lucknow in all its endeavours. With best wishes. (Arun Tandon) 9 Hon’ble Mr. Justice Sudhir Kumar Saxena Judge, Allahabad High Court, Lucknow-Bench Hon’ble Member, Committee, Judicial Education, JTRI, U.P. 10 Justice Sudhir Kumar Saxena Lucknow Bench Lucknow 20th March, 2014 11 Hon’ble Mr. Justice Bhanwar Singh Chairman, JTRI, UP, Lucknow 12 From the Desk of the Chairman The role of the judiciary is highly important in any democracy. The Judiciary is known for delivering many land mark and prominent judgments that has improved the conditions of life for a number of groups and individuals. At the same time, it is constantly exposed to new challenges and new dimensions. Indian Judiciary today faces many impediments like huge amount of delay and pendency of cases, inappropriate Judge- Population ratio, lack of infrastructure, lack of funds, faith in the system, accessibility, impact of legislations, procedural pitfalls etc. It is fighting to keep the faith of the people in the institution alive by dealing with various obstacles in the way of quick and qualitative dispensation of justice. Many highly specialized areas of law like Intellectual property, Corporate law, Cyber law, Human rights, Alternative dispute resolution, International business transactions, are emerging and we have to be updated with new laws and amendment to provide timely and qualitative Justice. With the increasing challenges, the role of Judicial Training institutions have also increased many folds. The concept of Judicial education has tremendously changed and the stake holders of Justice delivery system have also increased. The Judicial Training Institutions have to align its role of imparting Judicial education with the Judicial functioning. The Institution has to contribute as a change agent to assist judges in Managing change. As per Charles Darwin “It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change.” The most important function of Judge is adjudication of disputes which not only impacts the parties involved, but also the society at large. Judicial reasoning is said to be both an art and a science to be developed by judges by his knowledge, skills and attitude. The factual positions with the important legal position have to be analyzed before passing any Judgement. In criminal proceedings, the judge has to perform another important function of awarding an appropriate sentence to the guilty and awarding of compensation to the victim. The sentencing has assumed a critical role in criminal justice administration. Similarly, the adjudication of rights of parties and calculation of damages in a civil court is a challenging function of a Judge. With the emergence of Jurisprudence in various dimensions in substantive and procedural laws makes the assignment of a judge in criminal trials, Civil adjudication, family dispute settlements, juvenile justice etc, a very challenging task. The 13 judge cannot afford to be obsolete in Justice Dispensation System. In addition to above, he has to manage the docket and the Court staff for effective results. He has to maintain cordial relations with the bar along with a message of impartiality and competence. The Improvement of Justice delivery cannot be confined to the Judicial Officers. The stake holders of the legal system have to be developed for working towards a better legal system. The effective administration of justice is based on the competent Lawyers, Government pleaders, Ministerial staff of courts, Prosecution Officers, Members of Juvenile Justice Boards, Mediators etc. It has now become essential that these stake holders are trained to have positive synergic development of legal system for fulfillment of constitutional goal. They need to be trained at the one centre like the JTRI so as to implement better coordination amongst all the functionaries. The 13th Finance Commission has recommended for judicial reforms under which, funds have been allocated for enhancing quality of adjudication through training programmes and also for infrastructural improvements. The recommendation includes the development of judicial academies/institutes. Apart from this, allocations for enhancing support to Lokadalats, promoting Alternative Dispute Resolution, training for Public Prosecutors, creation of posts of Court Managers in every judicial district etc. have also been carried out. In my opinion, five years period is slightly short to improve the long drawn maladies which have emerged out during last several decades. It may therefore be suggested that under the 14th Finance Commission also, all the existing measures for improment must be extended. The JTRI is the first in the country to commence training programmes for the Judicial Officers and other stake holders of state under the 13th Finance Commission Scheme. We have completed two rounds of training to all the Judicial Officers of the state, across the cadre. Methodology of training in the Refresher Courses has been changed from the Traditional Classroom teaching with lecturing and coaching to participative, interactive and group discussion style. During the Training, apart from faculty, experts such as judges, academicians, social activists etc. are also invited with a view to broaden the understanding and approach with concern towards the needy litigants. Emphasis is laid on improving quality of justice and also sensitizing the judicial officers towards speedy justice delivery and marginalised section of the society. In imparting training, emphasis is upon the attitudinal change particularly for women, children, weaker section and senior citizens etc. The training focuses on the object of the provisions and updation with latest pronouncements. The pedagogy of training includes discussions, interactions, sharing experiences, addressing practical difficulties being faced by 14 officers. The institute also provides updated reading material containing the latest case laws on various topics of relevance. For inculcating and developing management skills, we have also tied up with Indian Institute of management (IIM), Lucknow for providing 5 days training programme. to the Judicial Officers, which is undergoing successfully. During the last one year, the institute has been actively involved in providing induction and in-service training to the Judicial Officers of the state. Apart from above, the institute has been providing training to the members of Prosecuting Officers, DGCs, Members of Juvenile Justice Boards, Court Managers, Deputy Registrars of Hon‘ble Allahabad High Courts, Officers of other Government Department such as IFS (Probationers), Senior Forest Officers etc. A lot of Infrastructural development work is being carried on in the Institute. The Women‘s Hostel has been completed and has become functional. Construction of auditorium , renovation of Officers hostel, training rooms etc. have been undertaken during the award period which is to end on 31st march, 2015. In order to improve the ambience and environment in the campus, massive plantation, seasonal flower plants, gardens have been developed which is continuing on regular basis. The Institute is regularly publishing its Journal containing the periodic events/programme undertaken by the institute and articles on legal subjects of contemporary importance, written by the Hon‘ble Judges of Supreme Court of India and Allahabad High Court, Academicians, faculty members, judicial officers and students of law. We hope that the articles will be very informative/educative and stimulate the thought process of readers. The Journal has been a good platform to express the views and share experience for benefit of all. The Institute is functioning under the patronage of and with the guidance and support of Hon‘ble Allahabad High Court, especially Hon‘ble Dr. Justice Dhananjaya Y. Chandrachud, the Chief Justice, Allahabad High Court. We hope that with the cooperation of the faculty members and Judicial Officers, we can fulfill the vision of the Institute and the constitutional goal in broader perspective.