• 6 months of institutional training
• 4 months of practical training or field training
• 2 months of integrative/reflective training.

Considering that the trainees would find continuous 6 months of institutional training as too long and tiring as they would be away from home and staying in hostels and eating mess food, we have thought it fit to sub-divide the three segments in the following manner :

The training at the Academy is proposed to be given for 6 hours every day in two sessions:

• Morning Session - 9.30 AM TO 1.00 PM
• Afternoon Session - 3.00 PM TO 6.15 PM

High Court Judges cannot be expected to deliver lectures during Court hours (in Gujarat, 11.00 AM To 5.00 PM). They will, therefore, be delivering lectures between 9.30 and 10.30 in the morning and 5.15 to 6.15 in the evening. The other lectures will be delivered by the faculty members, retired Judges or sitting Judges of City Civil Courts and District Courts.

It is necessary to ensure that the trainees get enough time for lunch and relaxation otherwise if all the lectures are crammed into a single session running into 6 hours with only a short lunch break, the trainees may find it difficult to absorb the training in the later half.

We also propose that after the first week of orientation, every day out of the six hours training one hour would be earmarked for discussion by the trainees on current topics books, current legal controversies etc., which would enable them to cultivate a balance undertaking of events and developments even if they are not presented for adjudication, and it will also improve their ability to express themselves. As an intellectual, a Judge must receive information from a variety of sources including the media, but he does not get an opportunity to test such ideas. Hence, giving the trainees opportunities to test their ideas would help them in assimilating and expressing their ideas. This one hour can also be profitably utilized to sensitize the trainees to the need for appreciating literature and fine arts.

Since the trainees would also be visiting Forensic Science Laboratory, jails and other institutions of importance and would also be watching High Court proceedings for a few days, in our estimate, on an average 4 -1/2 hours would be available for training in various subjects to be imparted at the Academy. This will mean that during six months of institutional training (about 105 working days) actual training at the Academy in all the relevant subjects will be imparted for about 470 hours. Accordingly, while preparing the curriculum and allocating the hours we have tried to provide for a fair mix of training in legal technology, procedural laws, substantive laws, alternative dispute resolution, role of the Judge in administration of justice, office administration, computer training, social sciences and other non-traditional subjects.

It is sometimes suggested that since the trainees have already undergone the law course while obtaining LL.B. degree, it may not be necessary to deliver lectures to them on legal subjects. However, considering the level of legal education in various moffusil law colleges and also considering that even during their professional career as lawyers, the trainees would not have acquired experience in all the branches of litigation and many of the trainees are fresh law graduates, we have thought it necessary to organise lectures in substantive laws as well as in procedural laws. Of course, while teaching substantive laws, over and above the lecture method, we would also employ case study and problem solving methods for ascertaining whether the trainees have understood and can apply the fundamental principles of substantive laws. Moreover, there are many laws which the trainees have not studied in law colleges, such as Rent Act, Land laws, Prohibition Act, Food Adulteration Act, Essential Commodities Act – cases relating to which come up before trial Courts day in and day out.

We also propose to organise MOOT COURTS where the trainees themselves will participate and get a feel of the actual Court working in the second and third parts of the training at the Academy.

Notes:- These hours are exclusive of the one hour daily discussions/debates on current topics and developments to be organised for enabling the trainees to assimilate, focus and express their ideas (by rotation).

Ahmedabad(Justice M.S. Shah)
February 23, 2004

I. DURATION:

We agree that, as suggested by the National Judicial Academy, the 12 month training period should be divided into three segments–

• 6 months of institutional training
• 4 months of practical training or field training
• 2 months of integrative/reflective training.

Considering that the trainees would find continuous 6 months of institutional training as too long and tiring as they would be away from home and staying in hostels and eating mess food, we have thought it fit to sub-divide the three segments in the following manner :-

1.0 ROLE OF THE JUDGE (15 Hrs.)

• 1.1 Functions & duties of a Judge
• 1.2 Problem solving
• 1.3 Judge as Manager
• 1.4 Judicial approach
• 1.5 Standards of proper judicial conduct, maintenance of decency and decorum in Court and        behaviour with the members of the Bar and litigating public.
• 1.6 Standards of judicial ethics
• 1.7 Basics and trends of public opinion about law and justice system

• 2.1 English including précis writing & essay writing - 30 hrs.
• 2.2 Searching Statutory Law Acts/Rules/Regulations/Notifications. - 3 hrs.
• 2.3 Interpretation of statutes - 2 hrs.
• 2.4 How to find out case law - 2 hrs.
• 2.5 How to find out ratio from a judgment - 2 hrs.
• 2.6 Value of Precedents - 1 hr.
• 2.7 Computer literacy - 20 hrs.
• 2.8 Art and science of writing judgments with practice work - 30 hrs.

• 3.1.1 Bombay Civil Courts Act - 1hr.
• 3.1.2 Civil Procedure Code with emphasis on Case Management - 25 hrs.
• 3.1.3 Indian Evidence Act (relevant provisions) - 8 hrs.
• 3.1.4 Civil Manual (relevant chapters) - 7 hrs.
• 3.1.5 Limitation Act - 2 hrs.
• 3.1.6 Suit Valuation Act } - 1 hr.
• 3.1.7 Court Fees Act - 1hr.

• (a) Criminal Procedure Code - 20 hrs.
• (b) Indian Evidence Act (relevant provisions) - 8 hrs.
• (c) Criminal Manual (relevant chapters)- 7 hrs.

• (a) Lectures by experts - 8 hrs.
• (b) Visit to Forensic Science Laboratory
• (c) Visit to Food Analysis Laboratory
• (d) Visit to Civil Hospital for watching post-mortem Examination

3.2.3 Technological upgradation and integration of Criminal Justice including videoconferencing           - 2 hrs.

3.3.4 Visits to Jails, Central Jail at Sabarmati, District Jail And Tehsil/Taluka Sub Jail.

4.0 SUBSTANTIVE LAWS (90 Hrs.)

4.1 CIVIL (45 Hrs.)
4.1.1 Commercial & Property Laws - 22 hrs.

• (a) Contract Act - 4 hrs.
• (b) Partnership Act -2 hrs.
• (c) Sale of Goods Act - 1 hr.
• (d) Transfer of Property Act - 5 hrs.
• (e) Registration Act - 1 hr.
• (f) Bombay Stamp Act - 1 hr.
• (g) Indian Stamp Act -1 hr.
• (h) Bombay Rent Act - 5 hrs.
• (i) Benami Transactions Act - 1 hr.
• (j) Easements Act - 1 hr.

• (a) Bombay Land Revenue Code & Various forms thereunder.
• (b) Gujarat Agricultural Lands & Tenancy Act
• (c) Bombay Prevention of Fragments & Consolidating of Holdings Act
• (d) Land Acquisition Act
• (e) Land Requisition Act
• (f) Mamlatdar Court’s Act

4.1.3 Personal Laws - 12 hrs.

• (a) Laws of Succession
• (b) Laws relating to maintenance
• (c) Laws relating to Minority & Adoption
• (d) Laws relating to marriage

• (a) Motor Vehicles Act
• (b) Others Torts
• (c) Consumer Protection Act

4.1.5 Intellectual Property Laws - 4 hrs.

with special emphasis on recognition, importance and commercialization of Intellectual Property Rights as growing concern for developing countries.

4.2 CRIMINAL (45 Hrs.)
4.2.1 Indian Penal Code - 23 hrs.
4.2.2 Other Acts

• (a) Prevention of Food Adulteration Act - 4 hrs.
• (b) Bombay Prohibition Act - 3 hrs.
• (c) Bombay Police Act, Arms Act - 1 hr.
• (d) Probation of Offenders Act - 1 hr.
• (e) Essential Commodities Act - 2 hrs.
• (f) Laws relating to prevention and control of pollution - 3 hrs.
• (g) Laws relating to forests - 2 hrs.
• (h) Factories Act and other Labour laws - 3 hrs.
• (i) Motor Vehicles Act - 1 hr.
• (j) Companies Act - 1hr.
• (k) Standard of Weights and Measures Act and other Acts - 1 hr.

5.0 ALTERNATIVE DISPUTE RESOLUTION (15 Hrs.)

• 5.1 ADR – General - 1 hr.
• 5.2 Arbitration – Arbitration Act - 2 hrs.
• 5.3 Sensitization of Judicial Officers about Lok Adalats including Mobile Facility Mechanism        - 3 hrs.
• 5.4 Free and competent legal services including visit to Legal Aid Clinic- 2 hrs.
• 5.5 Mediation/Conciliation Visit to mediation centre - 3 hrs.
• 5.6 Judicial Settlement - 2 hrs.
• 5.7 How to convert adversary system of litigation into congenial system of litigation - 2 hrs.

6.0 COURT MANAGEMENT & OFFICE ADMINISTRATION (45 Hrs.)

• 6.1 Court Management for Docket Control - 4 hrs.
• 6.2 Staff Control and supervision including Bombay Civi Service Rules l Gujarat Civil        Services (Discipline Appeal Rules).- 3 hrs.
• 6.3 Maintenance of Registers Supervision and accuracy of returns - 3 hrs.
• 6.4 Court Accounts and Financial Matters including Financial Rules - 3 hrs.
• 6.5 Correspondence with superior Courts - 3 hrs.
• 6.6 Government and High Court Circulars - 3 hrs.
• 6.7 Civil Manual (relevant chapters- other than those covered in Part I)- 13 hrs.
• 6.8 Criminal Manual (relevant chapters – other than those covered in Part I)- 13 hrs.

(Faculty members will be requested that while explaining the various constitutional provisions and principles, preference may be given to case law with reference to enactments which are part of the procedural laws and substantive laws covered by this syllabus).

• 7.1 Citizenship - 1 hr.
• 7.2 State under Article 12} Fundamental Rights & Fundamental Duties – their correlation}        Fundamental Rights & Directive Principles } - 7 hrs.
• 7.3 New Dynamics and dimensions of Human Rights , Jurisprudence & International       Conventions }- 7 hrs.
• (a) Women’s Rights and Gender Justice
• (b) Protection of Children’s rights and prevention of trafficking in children
• (c) Prisoner’s Rights
• 7.4 Rule of law & Judicial Review - 2 hrs.
• 7.5 Separation of Powers - 1 hr.
• 7.6.Federation - 1 hrs.
• 7.7 Legislatures & Elections - 1 hr.
• 7.8 Delegated Legislation - 1 hr.
• 7.9 Administative & Quasi Judicial Functions and - 3 hrs. Principles of Natural Justice - 3       hrs.
• 7.10 Fundamental Principles relating to public employment and misconduct redressal - 2       hrs.
• 7.11 Liability of State in Contract & in Torts - 2 hrs.
• 7.12 Tribunalization of Justice - 1 hr.
• 7.13 Constitutional Functionaries - 1 hr.
• 7.14 Statutory and other Commissions and Regulatory Bodies - 2 hrs.
• 7.15 Local Authorities – Corporations, Municipalities & Panchayats - 3 hrs.

8.0 NON TRADITIONAL SUBJECTS (90 Hrs.)
8.1 Finance & Accounts for Judges (7 hrs.)

• (a) Bank account
• (b) Business accounts – Double entry, Deshinama
• (c) Partnership accounts
• (d) Passing & executing decrees in partnership Suits, partition suits, mortgage suits etc.

• (a) Psychology, Clinical Psychology and Psychiatry - 6 hrs.
• (b) Child Psychology - 2 hrs.
• (c) Sociology - 6 hrs.
• (d) Economics - 6 hrs.

• (a) Co-operative Sector – Laws & Problems - 2 hrs.
• (b) Acquaintance with the other sectors and working of all other Government departments       including Revenue Department, Forest Department, Deptt. Of Geology & Mining, Sales       Tax Deptt., Excise & Customs Department, and other departments – through lectures to       be delivered by Standing Counsel/ Public Prosecutors of such Departments. - 10 hrs.
• (c) Existing laws and developments in the Cyber-age mechanism including Information       Technology Act.- 2 hrs.
• (d) Neo-adjudicatory and lawyering practices keeping in mind globalization and World Trade       Organization, etc. so as to meet the challenges Of 21st Century.- 2 hrs.
• (e)Laws relating to infrastructural developments and projects like substantive, regulatory      and procedural in view of new waves of modernization and globalization. - 2 hrs.
• (f) Suggestions and legal profile for curbing terrorism. - 1 hr.
• (g) Effective enforcement of laws combating corruption - 1 hr.

8.4 Inviting eminent personalities from various fields to deliver talks and have discussions
       including lectures on motivation, positive thinking, time management, stress management
       etc. - 15 hrs.
8.5 Visits to reputed Institutions - 8 hrs.
8.6 Moot Courts - 20 hrs.

9.0 METHODOLOGY AND REGULAR ACTIVITIES
9.1 Yoga and meditation classes - Daily

9.2 Developing Analytical and Communication Skills - Daily  one hour
      through  Group Discussions/Public Speaking/Summing up on –

• (i) Current events,
• (ii) Books on self-improvement & motivation,
• (iii)Biographies/autobiographies of Judges, lawyers, Statesmen etc.,
• (iv) Leading judgments ,
• (v)Legal subjects of current interest, or
• (vi)Subjects having a bearing on judicial administration and judges.
• (vii)Training received at the Academy.

SUMMARY OF PROPOSALS OF GUJARAT JUDICIAL ACADEMY FOR TRAINING TO NEWLY RECRUITED CIVIL JUDGES (J.D.)