As we saw about the lethargic justice delivery system in India, millions of cases are pending because of one and other reasons and millions of citizens are waiting for justice to be done. Looking at this scenario we have made small attempt to highlight lethargic condition of Indian Judiciary in two papers presented at the National and International Conferences. In the beginning of year 2012, paper on ‘Delayed Justice – Denial of Fundamental Rights’ at the Gujarat State Level Conference organized by Gujarat National Law University, Gandhinagar, India, a model for setting up of a National Case Monitoring Authority which will deal with the monitoring of the cases since its institution to implementation of verdict of the case was proposed. Another paperwas on ‘Transparency in Governance is Ultimate Key to Reforms’ in the International Conference on Transparency and Accountability in Governance : Issues and Challenges organized by National Law University, Delhi in October 2010. Two enhanced models for setting up of a National Case Management Authority were proposed. This authority will deal with the proper case management in the judiciary.
Before coming to the conclusion for setting up of NCMA, some Right to Information (RTI) Applications in Supreme Court of India, High Court of Gujarat, Office of the Chief Minister, Gujarat, Department of Justice (Ministry of Law), Department of Expenditure (Ministry of Finance) were made to get an idea about the case monitoring and management system in Indian Judiciary.
Finally two improved models for establishment of National Court Management Authority (NCMA) duly assisted by Court Managers appointed by High Courts under the guidelines issued in September 2010 by 13th Finance Commission in the Indian Judiciary were proposed. Following are the models, functions, composition, and terms of NCMA.
MODEL 1 – National Court Management Authority
MODEL 2- National Court Management Authority
Appointment of Court Manager under National Court Management Authority
Functions of the National Court Management Authority (NCMA)
Composition of the National Court Management Authority (NCMA)
Selection Committee for Chairperson and Member of Authority
The Chairperson and other members of the authority shall be appointed by the Central Government from a panel of names recommended by the Selection Committee consisting of-
Term of office of Chairperson & other Members
Provided that the Chairperson or other Members shall not hold office as such after he has attained the age of 70 years.
Following are the guidelines issued by 13th Finance Commission for Improvement in Justice Delivery in India.
Guidelines of 13th Finance Commission for Improvement in Justice Delivery ((No. F 32(30) FCD/2010, September 20, 2010).(Grant of Rs. 300 crore for appointment of Court Managers)
Suggested functions, Responsibilities & Qualifications of Court Managers :-
5. Case Management
Court Managers may have the following minimum qualifications:
Some recent Advertisements for the Post of Court Managers
6. High Court of Ranchi
Following is the allocation of Grants for Appointment of Court Managers (in Cr)
No of Sanctioned Courts
No of Judicial Districts
NCMA - No threat to Independence of Judiciary
‘National Case Monitoring Authority will cause harm to independence of the judiciary’ - This was the comment which I received on my model proposed in paper Delayed Justice – Denial of Fundamental Rights’ but that is not the objective of that. Initially I was much concerned about the case monitoring but now I have felt that judiciary needs a sound court management which will help it in better justice delivery. National Court Management Authority will be a facilitator for Indian Judicial System rather than being a strict authority controlling judiciary.
You can read the first part of the article here
Kalpesh Kumar L Gupta is an Academic Associate at Indian Institute of Management (IIM) Ahmedabad.