Judiciary, Judges and the Administration of Justice

Judiciary, Judges and the Administration of Justice

By Justice R. Banumathi

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This book is written for anyone in the legal field. We live in a society where laws encompass every aspect. It is intricately woven into our system and affect the socio-economic and cultural aspects of everyone who is bound by it. The legal field itself is ever evolving and needs to keep up with changing times and the needs of the society that it serves.

With having served this great institution for three decades, it is only befitting to author this book. I entered the Tamil Nadu Higher Judicial Service as a direct recruit District Judge at the age of 33½ years and I worked in various districts in the State of Tamil Nadu from 1988 to 2003. I was elevated to the Madras High Court in April 2003, where I worked until 2013, and subsequently was elevated as Chief Justice to the Jharkhand High Court. I was the Chief Justice in Jharkhand High Court for about nine months from November 2013 to August 2014, until my elevation to the Supreme Court, where I held the office until July 2020.

This book is inspired by my own personal experience with the legal system. I was born in a small remote village in Krishnagiri District which was the erstwhile district in Salem in the State of Tamil Nadu. My late father, Ramasami passed away in a bus accident when I was two years of age. In the case filed for claiming compensation, the court had passed the decree, but we could not get the compensation amount due to the procedural wrangles of the court during those times. My personal experience with the legal system motivated me to become a judge. When I held the office of judgeship from District Judiciary to the Supreme Court, I ensured to the best of my ability that the litigants who came before me got the relief and left the court with the satisfaction of having got justice. I also ensured that proper legal assistance was made available to the litigants who were in need.

In the present day, court system has travelled far ahead with sweeping changes and legal assistance has been made available to those who are in need. All this is because of the various initiatives taken by the Central Government, State Governments and the Judiciary. Various legal services have been made available by the Legal Services Authorities/Committees across the country. I have referred to my personal note only to impress upon the Judges and readers of this book to ensure that whoever approaches Judiciary, Judges and the Administration of Justice the court must get the relief at the earliest and to ensure that proper legal assistance is made available to them.

Over the years, there have been sweeping changes in the working of the courts, attractive pay and allowances for the Judges and in the continuing legal education for the Judges. E-courts Mission Mode Project facilitates citizen-centric services and access to aggregate information through the National Judicial Grid making the system more transparent, accessible and citizen friendly. The chapter on implementation of e-Court’s project does not merely look at the day-to-day functioning of the courts, but focus on integrating technology with Case Management and Court Administration enhancing the judicial excellence and the efficiency of the justice delivery system.

The various chapters one reads through this book especially on the topics ‘Transition Required’, ‘Honesty and Integrity’, ‘Conduct Inside/Outside the Court’, ‘Court Administration’ and ‘Case Management’, ‘Fair Hearing’ and various others, with all humility, I say that what I have written, most of which I had put into practice. Whatever be the hierarchy, be it a Judge of the High Court or Civil Judge (Junior Division), I wish to emphasise that Judges are called upon to serve this great Institution.

This book is not a mere book on Judges and Judiciary, but gives the reader a mission to serve this great Institution. I impress upon the Judges to serve the Institution with the highest level of honesty and integrity and commitment to the cause of delivery of justice. If the Judge works hard with commitment to the Institution, one is sure to come up in one’s career as a Judge and the hard work will be recognised and pave the way for success, peace and prosperity in their career.

I praise and glorify Lord Jesus Christ who has exalted me from my humble background and inspired me to write this book. I remember my Late mother Lakshmi Devi who in spite of her hardship, chose to educate her daughters and always inspired us to take up any responsibility and prepared us for tremendous hard work. My sincere thanks to my husband Shri K. Ganesan who has encouraged me to pursue Law and legal profession and was of unwavering support throughout my life. My sincere gratitude to my sisters R. Buvaneswari and R. Kanchana both of whom made life-time sacrifices to support me in all my endeavours. My thanks goes to my daughter, my son-in-law, my grandson and my niece who were always supportive in all my efforts.

I wholeheartedly thank the Chief Justice of India Hon’ble Mr. Justice Sharad Arvind Bobde for consenting to write the foreword. My thanks also to Mr. Ravi Shankar Prasad, the Hon’ble Minister of Law and Justice, Communications and Electronics and Information Technology, Hon’ble Mr. Justice N.V. Ramana for their inspiring messages.

I am grateful to all the Brother and Sister Judges with whom I  worked in the Supreme Court, and the States of Tamil Nadu and Jharkhand. My sincere and special thanks to Mukesh Kumar and Sapna Bisht, my Senior Personal Assistants, Supreme Court of India, who were all the time sincere, dedicated and committed in helping me to find references and supported me in bringing out this book. I also fondly remember all the members of the Bar in the States of Tamil Nadu and Jharkhand and in the Supreme Court.

I, sincerely thank my publishers Thomson Reuters, especially Mr. Gowrishankar Natesan and Mr. C.  Kumareson for ably leading their teams to bring out this book on time.

My thanks to publishers of the Journal, ‘The Supreme Court Cases’ and publisher of ‘All India Reporter Journal’, whose reporting is of great assistance in making references to the citations. My sincere thanks goes to the reports by Daksh which is founded in Bengaluru and edited by Harish Narasappa and Shruti Vidyasagar and also VIDHI – Centre for Legal Policy, supported by Tata Trusts both of whom have done good work in making in-depth study of the Institution on various topics. These reports are very valuable and I have made references to these books with proper reference. I acknowledge with thanks various jurists and authors whose articles and writings I have referred

to in the book.

Any suggestions for improvement of the Book is welcome.

Justice R. Banumathi

Former Judge

Supreme Court of India.

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Pages : 288

ISBN: 9788194772361

Product dimensions: NA

Book Type: Law

Country Origin:

Author: Justice R. Banumathi

Publisher: Thomson Reuters India

Language: English

Tags: Practice & Commentaries