Breaking the Deadlocks of Trial Court
Management in West Bengal:
A Heuristic Approach
Pradip Banerjee* and Pritam Banerjee**
PUBLISHED : 25 JUNE 2024
Abstract
It is undeniable that most of the judges in India are overburdened with extensive jurisdiction
over both judicial as well as administrative functions of the court, and in effect the Judiciary,
the guardian of the Indian Constitution, is suffering from a managerial crisis. The emerging
concept of court management is not similar to administration of justice and even quite different
from case-management. This study is about the concept of court management; identifies six
grey managerial areas along with twelve tentative reformative measures for trial courts’
management. The identified reformative measures then have been empirically verified and
arranged in a sequential order as per the response of different frontline stakeholders (Judges,
Lawyers, Academicians, and Administrators) of the justice delivery system. While analyzing
those data as collected from the field study, this research heuristically found that any reform
(like increasing the working time of judges), which may appear to be the most appropriate
action, may not be comprehensive from the perception of every stakeholder. The findings of
this paper suggests that the court-management is not a matter of grundnorm, rather it needs
to be implemented through proper consultation with principal judges of every district or
subordinate courts, respective Bar associations, associations of court employees and other
primary stakeholders.
Key Words
Administration of justice, Case management, Court management, Judicial
administration, Managerial reforms in judiciary, National Court Management
System (NCMS), Roadmap for district and subdivision courts
Author Biography
Pradip Banerjee Judicial Officer, LL.B., LL.M., MBA (HR), Ph.D. (Law), Post-Doctorate (NIT, Durgapur).
E-mail:
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Parul Varma Ph.D. Scholar, Department of Law, The University of Burdwan, Golapbag Campus, Burdwan-713104; and is the
corresponding author. E-mail:
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