27/09/2023
How many of us are aware of the existence of Court Managers in the Indian Judicial System?
Court managers, a concept prevalent through UK, USA and Australia, were introduced as an instrument to increase the efficiency of the administration of the judiciary by reducing the burden of judges. They are expected to have technical expertise in the arena of management and administration and would carry out functions like helping in allotment of cases based on statistics, managing human/physical resources etc.
It was in the year 2012, the then Hon’ble Chief Justice of India in consultation with the Minister of Law and Justice formulated the National Court management Systems - Policy and Action plan to enhance quality, responsiveness and timeliness of the Indian judiciary. The post of court managers was created in every judicial district, and were expected to be qualified with MBA degree to assist the judiciary in administrative functions.
Over the years, the court managers and the judiciary took many efforts to ensure regularisation of their services instead of being continued from time to time on contractual basis. Whereas, the Hon’ble Supreme Court of India in an interlocutory Application in the All India Judges Association v. Union of India had directed that the Court Managers working in any district to be regularised by the State government. Despite the directions of the Hon’ble Supreme Court and the several representations of the court managers, no steps were taken for regularisation of their services as well as the fixation of pay-scales. All these years, the petitioners were deprived of leave and service benefits as available to other employees in the service of judiciary or the Government.
Adv. Satish Talekar and Adv. Madhavi Ayyappan while appearing for the Court managers in the Hon’ble Bombay High Court, highlighted the main grievance of the petitioners other than the aspect of regularisation and pay-scale being invisible and working with rather undignified conditions of service in the judicial system for the last 10 years.
The Hon’ble Bombay High Court in its order dated 20.09.2023, agreed with the contentions raised by Adv. Satish Talekar and stated that further appropriate steps need to e taken by the State Government to comply with the mandate of the orders of Supreme Court. Therefore, the High Court administration was directed to make a proposal to the Maharashtra Government on urgent basis to regularise the service of court managers already appointed in the State.
This would be a game changer for the judiciary and ultimately the litigants who depend on it. Imagine if experts used AI, machine learning and big data to make independent determination of which judge should have which roster, which matters having similar issues should be grouped together for hearing, what physical and technological facilities and infrastructure should be added to the courts and the like. The efficiency of our justice delivery system would change drastically.
The Bombay High Court recently directed its administration to make a proposal to the Maharashtra government to regularise the services of court managers already