Draft Model Court Management Authority Bill, 2017

The Draft Model Court Management Authority Bill, 2017 prepared by Dr. Kalpeshkumar L. Gupta, Assistant Professor- Research, Gujarat National Law University, seeks to provide for integrated court management system in Indian Judicial System and constitution of National Court Management Authority, Regional Court Management Authority, National Judicial Exam Commission and appointment of Court Managers. It states that the Act may be called the Court Management Authority Act, 2017 and shall extend to whole of India.

The Draft Bill defines ‘Court Management’, meaning all non-judicial aspects which help to render efficient and effective justice delivery system which includes Case Management, Human Resource Management, Information Technology Management, and Infrastructure Management. Chapter 2 (Sections 3-6) of the Bill provides for constitution of a 9-member National Court Management Authority having its office at New Delhi and chaired by a retired Chief Justice of India. Chairperson and members of the Authority shall be appointed by the President on the recommendation of a committee consisting of a) The Prime Minister (Chairperson); b) The leader of opposition in the Lok Sabha; and c) A Union Cabinet Minister to be nominated by the Prime Minister.

Functions of the Authority shall include, among others, overall management of Indian Judicial System, conducting All India Judges Exam, conducting All India Bar Exam, etc. The Bill also provides for terms of office and process for removal of the Chairperson and members of the Authority.

Similarly Chapter 3 (Sections 7-10) of the Draft Bill provides for constitution of an 8-member Regional Court Management Authority, chaired by a Chief Justice of the Supreme Court of India or High Court. The Regional Authority shall perform and co-ordinate the functions corresponding to that of the National Authority, in their respective states.

Chapter 4 (Sections 11-12) of the Bill provides for appointment of Court Managers by the appropriate Government. To qualify for appointment as a Court Manager, a person must hold a degree of MBA or advanced diploma in general management; must have 5 years’ experience/training in system and process management, IT systems management, HR management or financial system management; minimum age shall be 28 years and maximum 45; etc.

Chapter 5 (Sections 13-14) provides for constitution of a 5-member National Judicial Exam Commission, chaired by a retired Judge of the Supreme Court. Its primary function shall be to conduct All India Judicial Exam for subordinate judiciary in India.

Chapter 6 (Sections 15-16) provides for constitution of National Court Management Academy, having its office at National Judicial Academy, Bhopal. Its functions shall include- conducting training programmes for Court Managers in India; conducting research & development activities on court management, etc.

The National Court Management Authority or the Regional Court Management Authority are duty-bound to prepare a report on the implementation of the provisions of this Act during each year and forward a copy thereof to the appropriate government. Appropriate Government is vested with the power to make rules, issue guidelines, notifications in the official gazette to carry out the provisions of this Act. ‘Appropriate Government’, in the case of National Court Management Authority is the Central Government; and in the case of Regional Court Management Authority is the State Government.

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