qualities of a judge

ROLE PLAYDEALING CASES UNDER

MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT- 2007

TRIAL IN SUB DIVISIONAL MAGISTRATE COURT. TIME-15 MINUTES

QUALITIES OF A JUDGE

• GUIDE LINES TO EXECUTIVE/• Sub Divisional Magistrates.

QUALITIES OF A MAGISTRATE.

.

In India, the tradition is to consider judges as God. The perception, from time immemorial, is that judges are God-incarnate and it is God Himself who dispenses justice through human agency.

4 THINGS FOR THE IMPROVEMENT OF A GREAT JUDGE.

(ADVICE OF SOCRATES)

.

1. To Hear Courteously. 2. To Answer wisely. 3. To Consider soberly. 4. To Decide impartially.

A successful judicial system is a hallmark of any developed civilization.

Goals-control of crime &protection of individual rights.

(QUALITIES OF A MAGISTRATE)

He should have the judicial instinct. He should have Impeccable integrity & Honesty. He must decide the case without fear or favour,

affection or ill will, friend or foe..

justice must not only be done but should appear to be done

.


.

. I do not think that there is any greater quality that is required of a judge than his judicial instinct and sense of integrity and honesty.

Justice Lahotia.


All our Dharmashastras and smruthis with one voice lay down that dispensation of justice is the highest ‘Dharma’ of judges. He says that if a judge fails to dispense justice and upholds injustice, he is sure to suffer for his act.


. Judicial education is one of the most

effective and perhaps an indispensable means for enhancing the fair administration of justice

PAUL M LEE

BEFORE HEARING BY MAGISTRATE.

1. Ensure service of notices.2. Ensure Parties Present are are properly

authorised .3. Ensure punctuality.4. Ensure all records & Reports are in the

file.5. Up-to-date knowledge of the law.

DURING HEARING BY MAGISTRATE.

1. Courtesy towards the members.2. Open mindedness.3. Patient listening-(Avoid interruption & Argument-

what should be asked should be asked.what shoul not be asked should be avoided.)

4. Respect the court staff. (Don’t expose their mistake to the public eye).

5. Don’t loose your temper.

QUALITIES OF A MAGISTRATE

Critical Thinking -- Using logic and reasoning

to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems.


Social Perceptiveness -- Being aware of others' reactions

and understanding why they react as they do.


Courage and Integrity: Legal “Courage” is “the willingness to do what the law requires the judge to do even though the course the judge must follow is not the popular one”. “Integrity” is not being influenced by the identity, race, gender, political status, wealth or relationship of the party or lawyer before the judge. More basically it is not doing what the judge knows to be wrong. A judicial applicant should possess both courage and integrity


Intellectual honesty. It means that you should have an open-mind, be

receptive to arguments, be prepared and willing to learn, and be courageous enough to accept that you can be wrong and should take pains to deal with every argument advanced in the case.

It also means that you shall not conveniently omit to deal

with arguments or citation of authorities which are at variance with what you feel should be the right decision in the case.

Trust is like an eraser it gets smaller and smaller….(after every mistake)


Negotiation -- Bringing others together and trying to

reconcile differences


Persuasion -- Persuading others to change their

minds or behavior.


Management of Personnel Resources -- Motivating, developing, and directing

people as they work, identifying the best people for the job.


Independence: , independence means being free of

any loyalties, duties or interests that might inappropriately influence the performance of a judicial officer’s functions


Impartiality: Impartiality is closely aligned to independence.

It lies at the heart of judicial function and it is reflected in the oath of office. All litigants must be treated equally without regard to wealth, influence, circumstances of birth or any other factor whatsoever. Impartiality guarantees the existence of rule of la


Patience:

It is commonly said that patience is a virtue. It is an important attribute of a sound judicial officer. A judicial officer needs to be patient particularly when listening to evidence that is implausible or to submissions that are dubious and unattainable. Natural justice requires that the parties be given fair opportunity to present their cases before a decision is made


Communicaion skills: This is the ability to express oneself clearly,

concisely, and grammatically, whether orally or in writing. It includes the ability to listen.

A magistrate must have strong oral and written

skills. He must be able to express him or herself well both orally and in writing


Courtesy:

Everyone who comes before the Court is entitled to be treated with courtesy and respect, even those who are accused of heinous or despicable crimes deserve some respect. If litigants or counsel are throwing barbs at each other in offensive or disruptive manner, you must order them to stop. If a counsel is shouting at a witness in a humiliating manner, you must order him to desist from doing that.


Prompt Disposal of Cases: This is a constitutional requirement. A

good judicial officer must dispose of matters before him promptly, efficiently and diligently. You must demonstrate due regard for the rights of the parties to have their cases heard and disposed off without unnecessary delay. You must be in control of Your Courts to eliminate dilatory practices, avoidable delays and unnecessary adjournments.


Precedent and reasoning go hand in hand. Lord Devlin says that he would prefer to use a precedent as a mountaineer’s rope rather than a hangmen’s rope. A precedent embalms a principle; it constitutes the foundation of legal reasoning. A well-trained judge would prefer to follow a precedent, for it provides him with the “most conclusive logic”, in the words of Andrew Goodman, a barrister of repute. But the use of precedents requires care. One could easily get lost in the maze of precedents. A precedent many times inspires you to chart unknown territory. It may help you improvise and innovate. But in all this, there has to be a sense of proportion and as member of the Tribunal you should be able to keep the precedents to the minimum, since your order must contain all the relevant factual findings and the mandate of the Act for you is to find the facts. Judge Hammerton it was who said that “Get the facts first and the law will follow”.

.

THANK YOU

T . J Joseph, KOTTAYAM9447464502

.

www.slideshare.net/mysandesham

qualities of a judge

Government & Nonprofit