Judicature in the trichotomy of power With A focus on subordinate judiciary

JUDICATURE IN THE TRICHOTOMY OF POWER JUDICATURE IN THE TRICHOTOMY OF POWER WITH A FOCUS ON SUBORDINATE JUDICIARY By Mr. Ali Nawaz Chowhan, District & Sessions Judge, Islamabad The primary idea of this essay is to: have a perspective of the Courts at the subordinate level, to locate the impediments in their proper functioning and to focus on remedial measures with the aim of improving the efficiency. 1.1. The Court in law and politics: ‑‑People often speak of Courts as if they are or at least ought to be "non‑political". In a literal sense, of course, this is impossible. The Courts are an integral part of a government. So, they are political institutions by definition as much as the other two institutions i.e. the legislature and the executive. The concern for avoiding of abuse of power led to the definition of the political power vesting in different bodies of persons pertaining to three branches of government. But the history of liberty as was said by Woodrow Wilson is the history of limitations on the power of the executive. Of course, the Courts provide the limitations and allow the State to run smoothly. In the case of Myers v. U.S. 272 U.S. 52, 71 L. Ed. 160 it was said, "the doctrine of separation of powers was adopted in 1787, not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the government power among these three departments, to save the people from autocracy". In his book The Spirit of Laws Montesquieu remarked, "but constant experience shows us that every man vested with power is apt to abuse it and to carry his authority unless he is confronted with limits. Is it not strange that we are obliged to say that virtue itself has need of limits" The leaders of new, democratics in the third world have to appreciate the spirit of this need while viewing the Courts here in Pakistan. For success of any democracy the rule of law, separation of powers and, administration of justice through an independent and modern Court system are the essential bed rocks. 1.2. Administration of justice in an Islamic State.‑‑Islam attached great importance to justice. The concept of justice in Islam may be briefly stated in the words of the Holy Qur'an: " `O' You who believe, the maintainers of justice, bearers of witness for Allah's sake though it may be against your ownselves or your parents or near relations, be he rich or poor, Allah is most competent to deal with them both, therefore, do not follow your low desires lest you deviate, and if your swerve or turn aside then surely Allah is aware of what you do" (Sura 4 Verse 135). Islam attaches great importance to the administration of justice. In fact "Justice", in Islam is considered to be a divine attribute and the administration of justice regarded as a religious duty and an act of piety. The following verse from the Holy Qur'an explains the concept of justice in Islam: "He has set up the balance (of justice) in order that ye may not transgress (due) balance. So establish weight with justice and fall not short in the balance." 1.3. It was during the period of Umar Bin‑al‑Khattab (RA.) that the administration of justice was separated from the executive branch of the government through the appointment of Abu Mossa Al‑Ashri as a Judge in Kufa and Abdu Darda as a Judge in Madina Munawara. In his letter to Abu Mossa Hazrat Umar wrote, "now the office of the Judge is a definite religious duty..." Prior to this the First Caliph and before him the Prophet of Islam (SAWS) acted as Judges. By calling the duty of a Judge as a religious duty, Hazrat Umar emphasised the importance attached to the functions of a Qazi. During the successive caliphates, the position of the Qazi was one of great dignity. Administration of justice is an attribute of Allah. In this connection one may refer to some revelation of the Holy Qur'an like Sura Nisa which came at a time when the Prophet (p.b.u.h.) was busy adjudicating a problem pertaining to inheritance of one Thabet who fell fighting at the battle of Uhud. Likewise, Sura XXIV was revealed when Prophet (p.b.u.h.) was deciding a case of accusation of adultery. The importance of judiciary in Muslim State is well reflected in the Book Al‑Akam‑ul‑Sultania of Mawardi. Shah Wali Ullah's views on justice are as follows: "Justice is a faculty of self (soul) from which flow actions which lead to sustenance of the system of human civilization:" 2.1. A perspective of the Pakistani Courts in the light of the separation of power, the rule of law and the Constitution: ‑‑Pakistan was created in the name of justice, whether distributive or otherwise for all those who were to become the citizens in the new State. The Independence Movement projected a Pakistani Civilization where justice for all was to be guaranteed. Being a Muslim State it ‑was a bounden duty placed on its rulers to establish a system for administration of justice par‑excellence. The 1973 Constitution of Pakistan follows the principle of separation of powers. Part VII of the Constitution deals with judicature as a third branch of the government. In the original Constitution the Court tiers were: (a) the Supreme Court, (b) the High Courts and (c) the District Judge and subordinate Courts. Under Article 203 each High Court was to supervise and control all Courts subordinate to it. Chapter 3‑A was added on 25‑6‑1980 whereby the Federal Shariat Court was established horizontally with the High Courts. However, Article 4‑B of the Constitution gave extraordinary powers to the President for modifying the terms of appointment of the Chief Justice and Judges of the Federal Shariat Court. 2.2. Article 212 is anchored in Part VII of the Constitution and deals with the judicature as a separate branch of the government under the trichotomy of power. The tribunals and administrative Courts envisaged by this Article had to be an integral part of the judicature. This was also enjoined by Article 2‑A (Objectives Resolution) of the Constitution which says that, "the independence of judiciary shall be fully secured". In this connection reference may also be made to the spirit of Article 175 (3) which required separation of the judiciary from the executive. Unlike these Constitutional requirements any Court scholar is baffled viewing the appointments of members in Judicial forums like Federal Service Tribunal where members from the executive without even having a law degree or a legal training are invariably appointed. Incidentally, it may be mentioned that unlike Article 203 of the Constitution, giving supervisory control to the High Courts over the subordinate judiciary, there is no such judicial supervisory control over the Service Tribunals. 2.3. The 12th Amendment Speedy Court Act, 1992 and Suppression of Terrorist Act, 1975: --‑Article 4 of the Special Courts for Speedy Trial (Act 9 of 1992) deals with the constitution of these Courts and specifies the qualification for appointment of judges for such Courts. It involves the advice of the Chief Justice in such appointments but except where the person to be appointed is a sitting judge of High Court the terms and conditions of service of a Special Judge are to be determined by the Government. The law gives only one right of appeal in decided cases and that too before the Supreme Appellate Court to be headed by a Judge of the Supreme Court and manned by two judges of the High Court. There can be many such Appellate Courts. The appointments, at the Speedy Courts can be from outside the judiciary and many such appointments were found politically motivated. Although these Courts performed the same type of work as the Sessions Courts they were given salaries, perks and advantages far greater than the existing Sessions Judges. 2.4. Is there a Court at the APEX?‑.‑The legislation about the Speedy Courts established a parallel Court system for selective crimes giving rise to an important juridical issue. Do we have a Court at the Apex i.e. the Supreme Court in view of the provision of the Supreme Appellate Court in the parallel heirarchy? It is learnt that the Government has now realized the futility of these Courts and is thinking of winding them up. 2.5. Suppression of Terrorist Activities Special Courts Act, 1975: ‑‑These Courts are established by the Federal Government or by the Provincial Governments at the asking of the Federal Government for dealing with the selective crimes. However, unlike the Speedy Courts, the appeals from the sentences given by these Courts or otherwise are referred to the High Courts. Although the appeals lie in the High Courts, the latter do not exercise such control over these Courts as is exercised by virtue of its powers under Article 203 of the Constitution. The absence of this control over the new appointees from the Bar who are often inexperienced and with the power of determining their terms and conditions of service vesting in the executive the standards which are required to be observed for keeping the judiciary separate and independent are not fulfilled. 2.6 The Labour Courts.‑‑‑Invariably the appointments to the Labour Courts are made by the Provincial Government from amongst the members of the judiciary. But here too there is no effective overseeing by the superior judiciary and keeping in view the power of the Government in the matters of fixing the terms and conditions against these appointments one feels that the standards required for independence of judiciary were being overlooked. 3.1. The prevailing Dilemma in the light of rule of law and the due process.‑‑‑The rule of law according to Dicey articulates a basic idea for protecting the individuals from an arbitrary Government. According to him liberty is essentially freedom from Government interference. The multiple and parallel Court system in Pakistan is a negation of the rule of law. It is confronting citizenry with the dilemma as to what the law is. It gives the State functionaries ample opportunity of exploitation. The introduction of Klashnikov rifle ‑‑ without even the strong proof of its use takes a case into the ambit of jurisdiction of the Suppression of Terrorist Activities Act, 1975 with its stringent rules. If the desire of the State is to subject human conduct to a new dispensation for meeting a new development it is more proper to allow him to comprehend this new dispensation having purposive and moral qualities and not because it is a brute social fact. Due process and ordinary common forum for crimes strengthens the moral quality of law. Special Courts give the impression of budget power in the hands of the executive. This also impinges the fundamental rights in many ways of the accused because he comes under extraordinary focus and of a complainant as he cannot take his case to a Special Court. By creating parallel forums and by taking them away from the supervision of the main judiciary the impression given is of just observing legality. But are we observing the rule of law? The general principle latent in the idea of justice is that individuals are entitled in respect of each to a certain relative position of equality or inequality. 3.2. Creation of the Special Courts began with the establishments of Labour Courts. However, the Suppression of Terrorist Act, 1975 and the Speedy Courts Act, 1972 created parallel Courts assigned with jurisdiction over selective offences. By keeping its direct control over these Courts, the executive branch has usurped a domain which Constitutionally belonged to the judiciary. This has given rise to the specticism about the intentions of the Government in fulfilling its obligation of creating an independent judiciary as reflected in Articles 2‑A and 175 (3) of the Constitution. Now when the Supreme Court of 'Pakistan has fixed a cut‑off date for separation of judiciary from the executive, it should mean not merely at the level of the Magistracy but at all forums, Courts and Tribunals whose job is adjudication. 4.1. The day‑to‑day performance of Courts and the recommendations of Law Commission for improving efficiency: ‑Before one takes on this subject it will be Worthwhile to postulate the usual criticism, which can be summed up as follows: . (a) The present backlog of the cases and the continuous addition to it thus is a direct result of not the genuine litigation but of the false and fraudulent one. The encouragement for it is embedded in the delay in the disposal of cases. (b) It may also be appreciated that as the present day Judges are not being adequately trained on career they work with hit and miss method. The new appointees are keen naturally, to show off ' their authority and exercise their powers indiscriminately. The quality of their decisions is very poor and lack of confidence adversely affects the quantity as well. The present day economic compulsions. coupled with the authority they wield, they may get tempted to go wayward at the instance of the unscrupulous litigants. (c) The judiciary in this country suffers from over judicialization and in the process the justice has taken leave while the procedure and inconsequential hair‑splitting have their hayday. Even such matters which are prescribed by the legislature to be dealt with summarily, are being treated as civil suits and their decisions unreasonably prolonged. The rent and family matters fall in this category. 4.2. The Law Reforms Commissions which sat before 1952 had the following recommendations to offer in criminal cases and in civil litigation. 1967 Law Reforms Commission was of the following view in criminal cases: (1) Instructions should be issued to the Magistrates that they should take equal interest in the disposal of complaint cases as they do in police cases. (2) A time‑limit not exceeding two months, should be fixed within which report should be submitted by the Court or the police officer or other officer to whom the complaint is referred for inquiry or investigation and in case of non‑receipt of the report by the date fixed by the Court, it should itself proceed with the inquiry. (3) The strength of the process‑serving staff should be increased. (4) The terms and conditions of the process‑serving staff should be improved and they should be entitled to draw travelling allowance and should be paid bicycle allowance especially where it is possible .for them to use bicycle. (5) Attention of the Courts should be drawn for strict compliance of the instructions issued for holding trial from day to day and promptly examining the witnesses in attendance. (6) Proper seating facilities and other conveniences should be provided in the Court premises to the witnesses and the litigant public visiting the Courts. (7) The scales of daily allowance and travelling allowance admissible to' witnesses should be revised and made realistic for which adequate provision in this behalf should be made in the budget. (8) Instructions should be issued to the heads of the departments to forward the summonses received by them for service of the officials serving under them to their new addresses if they have been transferred meanwhile to some other station. (9) Instructions should be issued by Government servant to appear as a witness, without reasonable cause in criminal trial, would render him liable to departmental action besides the action by the Court. (10) Scrutiny of bail bonds and surety bonds should not be left by the presiding officers of the Court to their subordinates nor should professional sureties be countenanced. (11) In case of the accused persons confined in the judicial lock up or undergoing imprisonment in some other cases, the Court and the jail authorities should follow the instructions regarding the attendance of such accused persons issued by the Government and the High Court. (12) The Government should adopt quantitive yardstick for determining the number of whole time Magistrates required for the disposal of the criminal cases. (13) Honorary Magistrates from amongst the retired Magistrates, Munsifs, Civil Judges or other officials with some experience of legal matters should be appointed in consultation with the High Court. Only persons with good reputation should be selected for appointment as Honorary Magistrates. (14) Whole‑time Judicial Magistrates should be appointed for the disposal of criminal cases. (15) In order to have an effective constant supervision over the Magistrates, an elaborate machinery for inspection and quick intervention in complaints of malpractices should be set up and the institution of a Judicial Ombudsman should be created. (16) Steps should be taken to improve the working conditions of the Courts by providing adequate funds for the construction of Court buildings, where necessary, improvement in the existing Court buildings, providing libraries, furniture and other amenities in the Court -premises. (17) Provision should also be made for providing accommodation to the judicial officers especially in expensive towns. For this, a ten‑year programme may be drawn up for each Province. In civil cases, the opinion of the 1976 Law Reforms Commission can be summed up as follows: (A) Delay in depositing the process‑fee and filing of summonses on the defendants could be attributed to the following factors:‑‑‑ (i) delay in depositing the process‑fee and filing of the copy of the plaint; (ii) a general tendency to evade service of summonses on the part of those who are required to be served; (iii) disinclination of the process‑server to proceed to effect service of summonses without taking the party desirous of service alongwith him; (iv) Insistence of the presiding officers of the Courts on personal service of the defendants; (v) lack of proper means of communication in the Courts; (vi) large number of parties to be served in certain kinds of cases; (vii) appointment of guardian ad‑litem in case of minor defendants; (viii) lack of attention paid to the service of summonses received from other Courts, and (ix) Lack of proper control and supervision on the work of the process server. Leaving the fixation of dates for hearing of cases to the ministerial staff by the presiding officers of the Courts. Production of evidence by a plaintiff in all types of cases heard ex parte. And in the contested cases: (B) (a) Engagement of the presiding officer in office work and miscellaneous duties leaving less time at his disposal to do regular civil work. (b) Delay in the filing of written statement, (c) Defective pleadings. (d) Non‑observance of provisions relating to discovery, filing of interrogatories, inspections, admissions and denial of documents etc. (e) Delay in framing of issues and leaving it to the parties' counsel. (f) Non‑observance of the provisions of Order XVIII, rule 2 of the Code and lengthy examination and cross‑examination of witnesses. (g) Non‑attendance of witnesses. (h) Non‑observance of the provisions requiring the hearing of cases from day to day basis. (i) Frequent adjournments for hearing of arguments. (j) lack of proper exercise of discretion in granting adjournments. (k) Delay in writing and delivering judgments, (l) Practice of service of notice on the parties through the agency of process‑servers even during the hearing of the case. (m) Stay of proceedings due to pendency of connected matters. (n) Large number of interlocutory applications and their disposal by the appellate Courts. (o) Delay in the execution of commission issued for examination of witnesses, local investigation, examination of accounts of witnesses, local investigation and making partitions. In paragraphs 11 and 12 of this Chapter the Commission was of the view: "While it is true that the procedural law as contained in the Code is not perfect, it would not be correct to attribute all delays in litigation entirely to the defects or cumbrousness of the procedure. The whole object of the procedural law is to bring the contending parties together to ascertain their respective cases and the point or points of law involved and to give them reasonable opportunities of substantiating their respective cases by adducing evidence for or against the issues arising in the case, so as to ensure a fair trial and proper adjudication of matters in dispute. The incidental and consequential provisions in the Code are again designed for the purpose of achieving that objective. The provisions for appeal, review and revision are all intended to ensure fair justice. It is, therefore, inevitable that some time must elapse before matter in dispute reaches finality under this process. The principles of natural justice also demand that opportunities, as envisaged in the Code, should be given to the disputants in order that justice may be done fairly in all cases. It may be possible to cut down one or more of the remedies available to a party under the Code, but this will hardly make any difference in the time that must be spent in bringing the cause to an end." The Law Reforms Commission also thought of other factors responsible for efficient disposal of cases. These can be summed up as follows: (1) Recruitment to judicial posts should be made in a planned manner so as to maintain the cadre strength to all times and care should be taken to fill up vacancies as soon as they occur. (2) The cadre strength of the subordinate judiciary should be revised and adequate provision should be made for maintaining the leave and casualty reserve. (3) Pay scales of the subordinate judicial officers should be re‑examined and better conditions of service should be provided to make the judicial service attractive. (4) Vacancies in listed posts should be filled well in time by selection of suitable members from amongst the members of the subordinate judiciary. (5) ................................. (6) Civil Courts buildings should be renovated and where necessary should be replaced by entirely new buildings. (7) The old items of furniture should be replaced by new ones and the Court‑rooms should be suitably furnished to give them tolerably respectable appearance. (8) Each Civil Court should have a working library of its own and the name of the Court should be included in the distribution list maintained by the Government Printing Press so that copies of laws, rules and regulations and Official Gazettes are supplied to the Court as soon as these are printed. (9) Residential quarters should be built in cities and towns as near the Court buildings as possible and these should be earmarked for judicial officers. Allotment of these quarters to judicial officers should be entrusted to the District Judge. Previously, the S.A. Rehman Commission of 1958 was of the view:‑‑ (1) A Judicial Service Academy should be set up in each Province for the proper training of serving and newly‑recruited judicial officers. (2) The Academy should arrange Seminars and Discussion Groups regarding judicial problems. (3) The Academy should also initiate research in new techniques and appliances for the purpose of promoting efficiency of judicial administration. (4) At the conclusion of the training at Academy the trainees should be given some practical field experience by being attached to different departments of the district administration for a short period. (5) In order to enable proper supervision of subordinate Courts, an organization which may be called "The Judicial Ombudsman" should be set up in each High Court, to be presided over by a Judge of the High Court assisted by one or two District and Sessions Judges. (6) These inspection teams should carry out regular and surprise inspections and give on the spot instructions for improving the tone of judicial administration. (7) The Government should, if necessary, sanction additional posts for this organization as the existing strength of the High Courts and District and Sessions Judges is not enough to spare officers for this purpose. In Chapter 25 of its report the emphasis of the Commission was on proper legal education. The Commission recommended regulations of admission for legal study besides suggesting a three‑year legal course. It also asked for the improvement of the system of examinations for the Law students and recommended qualifications for full time professors. 5.1. Impediments in the proper functioning; of the judicature at subordinate level.‑‑As a matter of fact not only there is the need for limits on power but there is also a need for equal distribution of advantages between the branches of the Government. This need becomes pressing in view of the bald discriminations shown to the judicial branch m the matter of working conditions and terms of service as compared to their counterparts in the executive branch. The upgradation of the post of the D.I.‑G. a police officer was a clever move and recently the Press has reported that the upgradation was done through concealment of the fact of the existing vacancies at the relevant time. Anyway, this was unjustified and has upset the old‑age balance of power at the local levels. The members of the P.C.S. executive are getting promotions in Grade 21 in the Provinces but this is correspondingly denied to the members of the judiciary whose performance quantitatively and qualitatively is admittedly better in the eye of the general public. It seems that so far the administration of justice through Courts from which the teeming millions of this country take relief appears to be a low priority of the State. Which attitude is unaffordable for any modern democratic Islamic State actuated with the ambition of service and justice to the people. 5.2. The factor of frustration amongst District Judges.‑‑There is an immediate need for the amelioration of the working conditions of the subordinate judiciary. There is a lot of truth in the statement referred in paragraph 8 of the summary for the Federal Cabinet dated 21‑10‑1992 which said: "While dealing with the question of trial of cases, it would be unfair not to take note of conditions in which most of the subordinate Courts function. In order to enable presiding officers of these Courts to do their work properly and efficiently, it is necessary to give to the rooms occupied by them the look of a law Court. In most cases, the rooms are small which during summer months at any rate cause congestion and suffocation. Some Courts are held in rooms improvised by closing parts of verandahs, record rooms, etc. There is hardly any Court which has more than three or four broken chairs for the use of the lawyers and litigants, and in several rooms there is only one electric fan which covers only the presiding officer's table. There being no seating arrangement for litigants, they all huddle up in the Court rooms. The Courts are not supplied even with proper stationery. It is most creditable for the officers to keep their heads cool in such trying situation and to do their work. Although we have provided several facilities, concessions and privileges to the superior judiciary, yet reforms in the subordinate judiciary where the litigation originates, have more or less been ignored. In this respect, it would be worthwhile to mention that the post of Additional District and Sessions Judge is the only office whose emoluments were reduced in 1972. We should therefore provide an immediate relief to the members of the subordinate judiciary both on civil and criminal sides and at least take care in providing reasonable furnished Court rooms as well as residential accommodation. In this respect, the Provincial governments which are primarily responsible for administration of subordinate judiciary should take immediate remedial measures." Whereas, considerable effort was made for modernizing of the bureaucratic set up, hardly enough was done for modernizing of the judiciary at the senior levels and below. There is not a single computer in any Court. The libraries have hardly enough books. Typewriters and typing facilities which are essential for speedy disposal are insufficiently provided. Incidentally, it may be mentioned that instead of upgrading the posts of the District Judges the previous governments upgraded the posts of the police and thus created an imbalance at the local levels. Whereas, Judges are doing much more work compared to their counterparts. The Judges of the Speedy Courts who are performing same variety of work as the Sessions Judges, have been given better grades. There is therefore, immediate need for upgradation of the post of a District & Sessions Judge. The imperative need for the improvement in the service conditions of the District Judges: ‑The District & Sessions Judge is the pole star of his division/district. The reinforcement and strengthening of his position through upgradation and providing him with adequate facilities is bound to have an impact which will boost the system and the desired results will show immediately. The Court of the District and Sessions Judge is only a step below the High Court. In several criminal matters it enjoys concurrent jurisdiction with the latter. This office performs multifarious functions. During pre partition days a very handsome salary was paid to the District and Sessions Judge while keeping in view the Islamic tradition of keeping Judges in a well -off state above the executive, the minimum grade for the District and Sessions Judge calls for upgradation. This will not cause the exchequer much since the number of persons is not very large. However, this expenditure will bring a tremendous and worthwhile change. It will present an incentive for attracting the best on this side of the Government. 5.3 Poor physical working conditions.‑‑Our Courts are still anchored in an anachronistic system. Not a single subordinate Court is equipped with a computer. The modern methodology of working is unknown here. There is no proper training facility for either the Judges or the staff. The research in locating the trends of litigation and for developing new methods to confront the situation is not there. Thus the procedural clogs are growing and the system is rather getting fossilized. The libraries of Courts are ill‑equipped. The intellectual movements in law are hardly to be seen. Whereas, the members of the executive have the advantage of training and modern facilities. They get government residences, transport perks, and every other facility even though the pressure of work they confront is far less as compared to the judicial officers. Fortunately, during the time of the present Hon'ble Chief Justice of the Lahore High Court efforts have been made for building new Courts and residences, but many more Courts are without even the basic facilities. Many Courts have been established in the rooms of the Readers of the Courts and even bath‑rooms of Courts have been converted into Court‑rooms. Whereas a proper Court‑room is essential for maintaining the dignity of a Qazi. Judges are not provided with residences. Only at few places the residences are earmarked for the Judges while at rest of the places the Judges are at the mercy of the executive who exploit their position in many ways and even look down upon the members of the judiciary whenever any one of them approaches with an application for allocation to them of the available accommodation. This causes a serious blow to the independence of the judiciary. 5.4 Tables: ‑Table‑A reflects the total pendency of civil and criminal cases and appeals which are pending in the Punjab including Islamabad. Table‑B reflects the following facts: (I) Total and required strength of the Judicial Officers in Punjab in view of the pendency. (II) Required and available accommodation. (III) Proper Court‑rooms required and available. TABLE `A' TOTAL PENDENCY IN THE PUNJAB INCLUDING ISLAMABAD BEFORE THE SUBORDINATE JUDICIARY 1.Civil cases (Suits) including rent matters and family cases: 2,48,269 2.Civil appeals including rent matters and family appeals: 41,850 3. Criminal cases; 1,676 4. Criminal appeals; 1,576 5.Murder cases and other Sessions cases 3,738 6.1. Decline in professionalism.‑‑Professionalism is on the decline. There is a large scale induction of the new Advocates without scrutiny and proper examination for testing their knowledge, skills and acquaintenance-ship with the basic procedures. The training period with a senior is invariably a formality. The Law Schools only teach theories without preparing prospective lawyers for facing the field situation. The case‑law is hardly discussed in the class‑rooms. All this has brought about professional decadence and has endangered the whole judicial system. This tendency has to be checked alongside with the bringing of the procedural reforms. And the Law Commission of Pakistan has to go for a crash programme. The Federal Judicial Academy or other Judicial Training institutes will also have to play a role for the modernization of the existing system which is anachronistic and is decaying. 6.2. Legal education in Pakistan.‑‑Legal education in the Pakistan is now in its worst shape. There is a mushroom growth of law schools which are being run on commercial basis. The skills needed for advocating cases in the Courts keeping in view the modern requirements are not being taught to law -graduates. The unacquaintanceship with legal ethics, traditions and methods have brought about a chaos. Empirical method of teaching whereas, introduced in business schools has not been introduced anywhere in the country, in a law school. Therefore, the law schools are not training prospective lawyers for a successful practice. Even serious students are getting training only in positive law which is totally inadequate. The need therefore, is for the establishment of a school of higher legal learning based on an American model. 6.3. (a) Recruitment policy.‑‑The present recruitment policy for induction of man‑power for judicial officers calls for a complete review. I am of the view that all inductions from the bar for higher judiciary should be made at the level of the Sessions Judges and elevation be made thereafter from this position. This will bring about multiple improvements which inter alia will include: the enhancement in the standards of the subordinate judiciary. It will also help in testing the capability, integrity and attitudes of the Judges to be elevated to the superior Courts. This will be in keeping with the verticle English system. 6.3. (b) Recruitment procedure.‑‑The procedure and policy of induction of Civil Judges and Magistrates also call for review. Unfortunately, the poor physical working conditions and poor terms and conditions of service provide little attraction for the right kind of people. Right man for the right job is essential for any job. If any government wants justice for its people it will have to improve the working conditions for the Judicial Officers after laying a stringent recruitment procedure. There should be an age limit for the P.C.S. Judicial service and this should be in line with age policy of the Federal Public Service Commission. The policy of the induction of the staff of the Courts also needs review. 6.4 A focus on the Bar.‑‑The Bar and the Bench are said to be the wheels of the same chariot. Obviously, the Bar has to assist the Bench during adjudication. The Bar also provides leadership to the nation and helps in the protection of human rights and values. The poor legal education is not turning out Advocates of high standards and in the right proportion. The Bar Associations in view of its democratic policies and elected representations is very liberal in the matter of membership. This is a negative point with the result that anybody can easily obtain the membership of a Bar Association. There is need to advise the Bar for induction of people with a proper back ground or training after taking of some sort of a test. One may in this connection refer to the system of examinations of the Bar Associations in the U.S.A. There is an urgent need for introducing this for checking further decadence. 6.5 Federal Judicial Academy.‑‑Fortunately, we have a Federal Judicial Academy but it will, have to do much more compared to its present endeavours for meeting the extraordinary situation of recession in legal intellectuality. 6.6 Training for the staff.‑‑I propose for a training programme for the Court staff. This is badly needed for up‑to‑dating their knowledge and for the modernization of the system. This is not going to cost too much. The Law College at Lahore can be assigned this job where a small unit can be established for progressive class‑room training. It can even otherwise be taken up under the aegis of the High Court. For which only one class‑room will be required. In‑service training to the Superintendents is essential in areas like time management of Courts, correspondence procedure rules accounts and budget making etc. Later they may be trained in computers after these were available. 7 Islamabad Courts.---Islamabad is the Capital of the country and whereas the Courts here should reflect the desire and concern of the government for the administration of justice but the situation is otherwise and this is reflected by the extremely poor working conditions of the Courts. Whereas, there is need for several more Civil Judges and Magistrates at present there are only three Civil Judges including the Senior Civil Judge. The Courts of the District & Sessions Judge, the Additional District & Sessions Judge and the Civil Judges are situate in a commercial market rather in shops improvised as Courts. The budget is in the hands of the Ministry of Finance and is given through the Ministry of Interior. The extreme paucity of funds can be well‑imagined by the fact that the entire Court set up does not have a photostat Machine for supplying attested copies of judgments to the litigants although they pay fee which goes to the Government. There is no sitting place for the litigants. In a space of 389 sq. ft. there are as many as 47 employees huddled up. The offices in the small space include, those of the Copying Agency where many people throng, of Nazarat, Record‑keepers, Ahlmad etc. etc. There is not even a water fountain. Although the District & Sessions Judge is performing multiple functions. This Court is visited not only by the local but the foreigners as well. Whereas in view of its position it should in fact, be a model Court in terms of its building and physical working conditions. 8. The reforms of 1993: The reforms of 1993 will surely help in the expeditious disposal of cases but one thing which is taken negatively is the amendment in section 115, C.P.C. taking away the revisional powers of the District Judge in Civil matters. This calls for restoration at the time when the Act is to be passed by the Parliament. Perhaps, the reasons for giving these powers to the District Judges at the time of 1992 Reforms were not correctly placed before the Hon'ble Law Commission. 9. Appointment of Clerks from fresh Graduates.‑A Judge is a very busy person. He does need assistance for research and location of the latest case- law. Not only for updating himself but also for using the case‑law for his judgments. In the United States Judges can appoint Law‑Clerks who are usually fresh graduates. Such a duty is taken happily and people who have worked in that capacity with famous Judges find this as a stepping stone in their career. A proud mention of this appointment is made in the curriculum vitaes. We can introduce this institution without even having to spend anything. All fresh graduates can be asked as a part of their training to get appointments with the District Judges, Additional District Judges and the Senior Civil Judges in the various districts for a period of six months for training before being considered for grant of the licence. During this period their duty should be of legal research pertaining to the cases before the Judges. This would enable the fresh graduates to learn about the procedures and the law in the field situation. It will also teach them proper mannerism. While the Judicial officers will also be benefited. Incidentally, it may be mentioned that the training which is imparted to fresh graduates by senior lawyers is usually inadequate while the training being mentioned will be qualitatively better for acquisition of skills needed. A trained lawyer helps in the speedy disposal. 10. Unfair principle In the matter for elevation.‑‑After years of hard work and observance of high standards of candour and intellectuality a District & Sessions Judge earns a locus standi for elevation to the High Court which is an incentive for maintaining a 'very‑ straightforward life in the most worst service conditions. Unfortunately, at the twilight stage of the career, the uncertainty is always there for his elevation on account of a de facto quota problem. This is in the case of the Punjab. In the N.‑W.F.P. there is more fairness. De facto quota for elevation is 50% from the Bar and 50% from the Bench. Besides most of the District & Sessions Judges are placed there in higher grades. I wish for a similar situation in the Punjab. This incentive, of course, will provide a tremendous growth and improvement in this cadre besides meeting the ends of justice.