Justice and Judicial Education: An Unbreakable Bond Cemented by the Rule of Law

Abstract

The importance of judicial training and education has been recognized time and again by judges and legal professionals not only in India but across the globe. Judicial education and training serve the critical purpose of preserving the rule of law in the country. Judicial education fosters the administration of justice by equipping judges with the skills needed in courtrooms. They develop sensibilities to look beyond their personal preferences and choices and give judgments that suit the dynamic socio-economic realities. Judicial education creates a speedy and impartial justice delivery system that enhances public confidence in the working of our constitutional democracy. However, the judicial education system of our country is not free from challenges. There is a multitude of problems relating to the implementation of judicial pedagogy and the institution itself. These conundrums specifically signal a dire need to revamp our judicial education system by drawing an appropriate curriculum, methodology and action plan that treat participant judges, not as ‘students or trainees’ but as ‘people of knowledge and skill’ that have come to the learning centres to create better solutions to a potential legal issue they may encounter in their profession later in life.

Introduction

The aim of this research is to identify the urgency to explore the issue of judicial education and training to the judges and to draw a distinction between legal education and judicial education. There is an urgent need to address the issue of judicial education programmes which will impart communication, writing and understanding skills to the judges. The authors postulate and give credence to the fact that judicial education plays a key role in ensuring the rule of law since competent judges are better equipped to ensure the rule of law by their orders and judgments. This article endeavours to address the challenges in the field of judicial education and training while deeming it most necessary in the context of judicial functions and bringing about judicial involvement in law reform. The courts play a major role in bringing about changes in the national legal systems by bringing about changes and competence in their working and introducing new technology which is possible to be implemented only through constant and continuous judicial education and training. Court management, judicial administration and court procedure implementation can be best achieved in their finest form by judicial education and training through various methods.

India, a nation of a billion plus, is constantly on the move, and the ethos of Indian democracy has been perennially centred around ideas of justice, political, economic and social, as enshrined in the Constitution.

The judiciary, a cornerstone of India’s identity, impacts the lives of its millions. The people of India have immense faith in the judicial system and look up to it as a custodian of their rights. This places a huge responsibility on the judges to be at the cutting edge of the ever-evolving legal system, to be humane and yet unbiased, to fulfil their roles as custodians of justice with integrity and responsibility. In this dynamic scenario, it becomes pertinent that the judicial officers have the desired level of performance to meet the challenges of life.

Legal education is education in the theories and principles of law and justice. In Commonwealth countries such as India and the United Kingdom, a law degree is in the form of a Bachelor of Law (LLB) while in countries such as Canada and the United States, the degree of Juris Doctor (JD) is conferred upon the undergraduates. To be a judge is the dream of many law graduates and being a judge puts you in a position where you are able to solve a person’s problem by applying law and giving a solution, a solution that is binding and ensuring social order.

The connection between judicial education and the rule of law and making it a subject of global judicial dialogue is the need of the day. Training is considered critical for judges and as enshrined in Bangalore Principles of Judicial Conduct, competence and diligence are universally accepted principles of judicial ethics. Value 6.3 of the principles provide ‘A judge shall take reasonable steps to maintain and enhance the judge’s knowledge, skills and personal qualities necessary for the proper performance of judicial duties, taking advantage for that purpose of the training and other facilities that should be made available, under judicial control, to judges.’ ³

The author argues that judicial education and training had largely been overlooked in the past, though now positive changes are visible and it is recognized to some extent that by training the district judiciary as well as the constitutional courts institutional changes are brought about and national legal systems changes.

The importance of judicial training and education has been recognized time and again by judges and legal professionals. Such an acknowledgement has taken the shape of the setting up of multiple State Judicial Academies and a National Judicial Academy in Bhopal, Madhya Pradesh. The National Judicial Education Mission sees continuing education as a ‘process of creating solutions for strengthening the administration of justice’. The primary aim is to dispense timely justice, reduce the pendency of cases and advance the quality and responsiveness of our justice system.

However, it is easier said than done. Imparting training and education to judges is a task that is extremely daunting from the outset and continues to remain challenging throughout. There are varied problems relating to the infrastructure, implementation of the judicial pedagogy and the institution itself. These conundrums specifically signal a dire need to revamp our judicial education system by drawing an appropriate curriculum, methodology and action plan that treat participant judges, not as ‘students or trainees’ but as ‘people of knowledge and skill’ that have come to the learning centres to create better solutions to a potential legal issue they may encounter in their profession later in life.

Familiarization with Judicial Education

Judicial education has been understood as teaching judges about substantive law. However, judicial education does not just involve teaching judges’ substantive law alone, it is also about educating them regarding court craft judge craft, court procedure or skills for leadership, delivery of judgments and judging. Judicial education and training assist judges in a query, knowledge, skill and aptitude which is essential for performing their judicial responsibilities efficiently, fairly and correctly. ⁴ Continuous judicial education is essential for the judiciary to fulfil its mandate to the public and its stakeholders to deliver justice in an effective and efficient manner while sustaining public trust and confidence. Judicial education is essential, and there is a need to update and introduce intensive judicial education and inculcate a feeling amongst the judges that it is essential to continue to be educated and trained in different facets of the judicial system as the law is not static and hence updated knowledge for a judge is also quintessential.

The main function of legal education is to produce lawyers with a social vision. Judicial education and legal education are often used interchangeably but are categorically different. Legal education is a much wider term. Legal education is a science that imparts to students’ knowledge of certain principles and provisions of law to enable them to enter the legal profession. ⁵ Young law graduates with or without experience at the bar compete to join the judicial service and advocates having a minimum of seven years of experience compete for higher judicial services. They are trained in only legal education and not judicial education and, therefore, not much emphasis is laid on judicial education and training. Legal education injects a sense of equality before the law. Those who are entrants at the entry level most are straight from the colleges and may not even be aware of how a court is run.

In India, the journey of judicial education and training begins with the preparation of beginning judges for the district courts who are selected on the basis of written and interview basis. The written examination tests their writing skill, language skill and knowledge about some laws. The candidates cannot be judged regarding their capability to deal with situations and problems which may not be covered by an illustration or case law. The mode of selection of judges also cannot judge that. As to whether they have the necessary aptitude to be able to run a court efficiently and whether they have administrative and leadership qualities as well as communication and writing skills, how to deal with witnesses, interpreters, docket management new software dealing with court staff, etc., cannot be administered by the current form of examinations. Therefore, it is necessary for judges to have continuous judicial education regarding new court craft, developing new methods for delivering justice, etc. The emphasis has to be on learning as well as unlearning. The High Court judges are elevated either from service or from the bar. Adjudicating as a judge at the High Court is a constitutional authority. A greater impetus on judicial education will be instrumental in destressing the justice delivery mechanism, making the courts of law more accessible and efficient for the general public.

Judicial Education and the Rule of Law

The judicial system has an indispensable role to play in ensuring better public governance. The judiciary, comprising the Supreme Court, High Courts and lower courts, forms the primary legal system of our country that aims at fostering development through the rule of law and protection of human rights. Rule of law has very different meanings across the political, economic and social spectrums. The rule of law signifies a situation where everyone is equal in the eyes of law, and the legal rules apply in the same manner to all individuals. The primary scholarly work which laid the founding stone for research and the practical application of the concept of rule of law is Dicey’s The Law and the Constitution. It envisages supremacy of law, equality before law and a judge-made constitution. ⁶

The preamble of our country lays down the grand vision of our constitutional makers as ‘securing justice, social, economic and political’. The rule of law is furthered by Part III of the Constitution which deals with ‘Fundamental Rights’. Article 14 of the Constitution makes sure that no person is denied equality before law and equal protection of laws within the territory of India by the state. ⁷

The instrumental model on the quintessential role of law in the development of the state stressed the need to educate and train legal professionals for the effective administration of justice by correct and responsive application of legal rules and theories furthering the modernization of the nation. It was to close the gap that existed between law on paper and law in the real world. It was for better penetration of the law of the land which has been defined by Friedman as ‘the degree to which a rule, code, or law takes hold in a population’. ⁸ The penetration of law also requires the training of judges to recognize the dynamic needs of the populace and the wider interpretation of existing legislations, customs and judicial precedents. ⁹

The quality of justice administered by the legal system is dependent upon the rule of law and the independence of the judiciary. Judges need to put tutelage on these core values for the effective dispensation of law and the changing socio-economic conditions. The judges must be polished in those areas through special training and education. Judicial education must build an accountable and responsive judicial and legal system cemented by the rule of law.

Justice has been perceived by many as what is considered morally and ethically correct by a man of ordinary prudence. The Nuremberg Declaration on Peace and Justice gives a solid understanding of what justice is:

Justice is understood as meaning accountability and fairness in the protection and vindication of rights, and the prevention and redress of wrongs. Justice must be administered by institutions and mechanisms that enjoy legitimacy, comply with the rule of law and are consistent with international human rights standards. Justice combines elements of criminal justice, truth-seeking, reparations and institutional reform as well as the fair distribution of, and access to, public goods, and equity within society at large. ¹⁰

To attract social confidence and trust, a judge must answer all questions of justice and equity with certitude. To act as a model of rectitude, judges must be equipped with profound knowledge and a skill set to dismiss personal opinions and emotions as prescriptive. Audi Alteram Partem, which forms the crux of natural justice, must be followed by the judges at all times. Irrespective of the jurisprudential school one belongs to, rule of law backed by morality, equity and justice is an integral part of the task of judging, and judicial educators must sensitize future judges in the matters of concern.

From this, we can derive that judicial education and training serve the fundamental purpose of broadening the panorama of a judge. He learns to critically put aside his own personal expectations and likings to take into account the facts of a case and give a judgment that suits the existing social and economic realities. Judicial education draws awareness of judges towards international norms and standards that must be given space in a judge’s reasoning and argumentations. Constant learning and continuing education are a part of being a judge. The knowledge bank of future judges should not only entail substantive and procedural law but must be backed by an understanding of science, economics, sociology, politics, ethics, and so on. This is what judicial education and training are all about. A judge must be well-versed in modern case management techniques and litigation support technology.

To maintain the legitimacy of the rule of law in the eyes of our people, judicial education is of primary importance. The legitimacy of the law is measured by general respect and compliance with the law by the citizens of a nation including their sense of hope and assurance that they would be protected against all sorts of injustices and tyranny by private individuals, corporations and the state alike. Judges are charged with the responsibility to shield and preserve the esteemed rule of law. ⁹

For Justice Ivor Archie:

Training and continuing education of our judges and judicial officers must transcend traditional curricula and go further to forge an intimate connection with the social context in which it is to be applied. This connection is what will inspire public trust and confidence, and more than that, truly legitimise our institutions and our practice in the eyes of the communities we serve.

The courts act as the arbiter of the law and constitutionality and, hence, the education of judges in the contemporary judge craft is needed to protect the integrity and probity of rule of law in the nation that our freedom fighters worked so hard to attain independence for.

Challenges to Judicial Education

The inclination and the urgency to identify the gaps in judicial education and training have ignited the spark in the authors’ mind to embrace this research and embark on the journey of challenges in the field of judicial education. With the centrifugal force on acquiring knowledge, enhancing vision and building character, judicial training can act as a catalyst in escalating the constitutional vision of a just society and humane justice system into reality.

Professionals of various disciplines receive education and training to fulfil their work duties efficiently. Induction training has been a fundamental part of the human resource development programme of various institutions. It involves an introduction to the work life of a professional and a crash course on the skills needed to perform daily tasks. Continuing education to professionals includes providing them with information on the latest developments in their field through workshops, seminars and published works.

The need to educate judges has been felt time and again by legal professionals and policymakers. These concerns were voiced on various platforms including the judgments of the apex court and the 117th report of the Law Commission. The idea of setting up a National Judicial Academy was first brought up formally in the Conference of Chief Justices on 18–19 September 1992. The National Judicial Academy, Bhopal, was inaugurated by Hon’ble Chief Justice M. N. Venkatachaliah, the Chief Justice of India on 11th September 1994. The first training programme of the Academy focussed on sensitizing the judges towards gender bias. State Judicial Academies have also been established to carry on the challenging task of imparting education to judges in their respective states. From that point, there has been no looking back. Judicial education and training now occupy a central role in the administration of justice through the teaching of efficient case management skills.

In the words of Khan and Dr Butool: ‘Judicial training is an important tool to imbibe best qualities of judging in new entrants to judicial system which ultimately improves the quality of justice.’ ¹¹ Judges must be taught to be passionate about the welfare of the communities they serve and give verdicts without fear or favour. All the judgemental tendencies in a judge must be curbed during the training programmes. They must be taught to adhere to the values of justice, equality and good conscience for the endorsement of the rule of law in the country. In an interview with the Times of India, Justice D. Y. Chandrachud, Judge Supreme Court of India, believes that judging is all about being compassionate and using robust common sense. ¹² It is, thus, necessary to improve the existing judicial system and make it a formidable force instrumental in winning public confidence by dealing with the emerging challenges in judicial education and training.

For the best interest of future judges, the faculty at the training institutes must be committed and well-trained in teaching. Neither senior judges nor academicians solely can serve this crucial purpose. It is a challenge to identify judicial officers who have knowledge of court craft and train them in teaching methods and techniques that suit the needs of judicial training. Recognition of the fact that an experience in adjudication is imperative for judicial educators can lead to a better justice delivery system. Being well-versed in legal theories and principles is not enough for judicial educators.

Judicial educators should have extensive knowledge about the nitty-gritty of the working of a court. A judge must have the skill set to critically evaluate pleadings, interpret laws and apply them effectively to render justice to the people. Judicial educators should have the patience to hear the participants and make the study session as interactive and pleasurable as possible. The conventional classroom approach where the students need to maintain silence must be ditched in favour of an ‘Adult Learning Model’. With minimum restrictions, the judges should be guided in the court craft and taught to creatively resolve any important legal issue that may arise during their tenure. It is essential to create a learning environment that is friendly and approachable. Without any fear of threat, the participants should be able to share their views and harmoniously construe diverse opinions on topics under consideration.

Another issue that deserves confrontation is the systematic implementation of educational programmes for judges. A well-drafted plan of action is likely to command respect amongst the trainees. Judges have the propensity to dismiss education by academicians as ‘non-pragmatic’ and, hence, it is important that judicial educators have ‘background preparations to meet unexpected challenges’. The curriculum must be sorted out beforehand, and an appropriate methodology that suits the needs of each broad topic included in the annual plan of action should be selected. Role plays, group discussions, conventional lecture methods and interactive sessions are some of the important methods that can be employed while teaching the curriculum. ¹³

These considerations must be kept in mind. National Judicial Academies (NJAs) and State Judicial Academies (SJAs) should be revamped accordingly to promulgate a rule of law in the country.

Conclusion and Suggestions

The concept of judicial education and training discussed in this article is fairly new and has space in the public domain recently. Every institution undergoes reforms, and judicial institutions are not immune to the same as it is said the law is not static; the authors may add that the skill and knowledge of the judges at every level also cannot remain static and have to be polished and keep in pace with the new laws and changing needs of the society. The human rights issues in the country are interpreted in different ways at different points of time, and it is vital to know in depth the history and journey of such laws and their new interpretations.

The authors also believe that judicial education and training have the capacity to change dormant unrealized beliefs and biases towards people and situations. It also helps the judges to look at the same situation from different angles and perceptions when they sit in the academies during seminars, discussions, etc., and share knowledge of the experts and experiences of the colleagues and superior officers.

Judicial training is now seen as a necessity in the judicial acumen. Over time, the task of judging has become complex. The present-day judicial climate requires judges to be well-versed not only in statutory law, customs and precedents but also in the new and emerging social and technical changes. Strengthening judicial administration and governance for the speedy delivery of justice is the work of judicial education. This has led to the recognition that continuous learning and training are essential for judicial officers of all levels. In the wise words of Justice Ivor Archie, ‘Judiciary must be committed to being a learning organization able to respond to change, embrace new ideas, encourage learning growth, development and innovation, facilitate excellence, value all members and encourage communication and sharing, if it is to discharge its responsibilities to society.’

A Way Forward

The authors, however, experienced during the course of 30 years of judicial service in the district court that weekend programmes which are conducted at Delhi Judicial Academy or National Judicial Academy are not sufficient to cater to the needs of the judicial education and training which is required by judges at different levels. The urge to make our judicial training more robust and conspicuous ignited a glint in the mind of the authors. The need was felt to change the curriculum and methods of judicial education and training from making it a weekend training confined to lectures which are often one-sided.

Some Unfeigned Observations

1. There is a growing need for ensuring group discussions which are not possible in a programme segment of one and a half hours.

2. There is a need to ensure that there are smaller groups that are able to interact and participate in the discussion so that they are able to cull out something new from their discussion on the basis of their different experiences.

3. The judges who participated in such programmes should be assigned some role plays to give their individual suggestions regarding the subject what they learned and how they learned can be used practically in the form of a presentation on a paper. This will ensure equal participation of every individual.

4. There should be regional conferences as the needs of different regions in the country in the justice sector are also different. This gives an opportunity to the participants to exchange their best practices with each other which will result in better dispensation of justice.

5. International conferences and exchange programmes even if virtual go along in achieving the goal of learning new skills and professionalism and should be organized as part of judicial education and training of judges.

6. The judgment writing programmes should not be lecture-driven but practically written courses, i.e., writing in the classroom itself and thereafter, the assessment by the experts who suggest how the same can be sharpened to become more suitable will ensure the capacity building of the judges in a holistic manner.

7. Judges must be sensitized in the decision-making process and their vision about both national and international concepts and conceptions including problems must be very sound.

The epitome of this article, in a nutshell, outlines the fact that integrated training includes equipping judges with knowledge about the latest developments in law, judging skills and court management besides inculcating the right attitude and ethical principles. A judge is a complete amalgamation of good knowledge, discipline and an unbiased persona and is sensitized in the decision-making process. The purpose of judicial education is to provide a conducive environment of erudition, learning and training. Justice is truth in action and judicial education fulfils this onerous responsibility.

To conclude, the primary objective of continuous judicial education and training is to ensure a skilled, competent, professional, impartial, confident, accountable, inducement-proof judicial force that is able to dispense justice fairly, freely, expeditiously and professionally.