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Comparative Report On Judiciary Norms For Selection and Promotion
Comparative Report On Judiciary Norms For Selection and Promotion
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A Comparative Report
A Report By:
Ms. Eluckiaa A
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This report on Performance Evaluation and Promotion Schemes of Judicial Offices in India is
pursuant to the research project on “A Comparative Analysis of Performance Appraisal
Mechanisms and Schemes of Promotion in relation to the Judges of Subordinate Judiciary in
different States in India” funded by the Department of Justice, Ministry of Law and Justice,
Government of India and implemented by National Law University Odisha.
Rangin Pallav Tripathy is an Assistant Professor of Law at National Law University Odisha
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Table of Contents
INTRODUCTION .......................................................................... 29
ASSAM ........................................................................................................................... 41
MANIPUR ....................................................................................................................... 41
ODISHA .......................................................................................................................... 42
KARNATAKA .................................................................................................................. 43
CHHATTISGARH ............................................................................................................. 44
MAHARASHTRA ............................................................................................................. 45
GUJARAT ....................................................................................................................... 46
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ASSAM ........................................................................................................................... 53
MANIPUR ....................................................................................................................... 54
ODISHA .......................................................................................................................... 54
KARNATAKA .................................................................................................................. 59
CHHATTISGARH ............................................................................................................. 65
MAHARASHTRA ............................................................................................................. 67
GUJARAT ....................................................................................................................... 68
ASSAM ........................................................................................................................... 71
MANIPUR ....................................................................................................................... 71
ODISHA .......................................................................................................................... 71
KARNATAKA .................................................................................................................. 73
CHHATTISGARH ............................................................................................................. 73
MAHARASHTRA ............................................................................................................. 73
GUJARAT ....................................................................................................................... 74
ASSAM ........................................................................................................................... 76
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MANIPUR ....................................................................................................................... 76
ODISHA .......................................................................................................................... 76
KARNATAKA .................................................................................................................. 77
CHHATTISGARH ............................................................................................................. 77
MAHARASHTRA ............................................................................................................. 78
GUJARAT ....................................................................................................................... 78
ASSAM ........................................................................................................................... 80
MANIPUR ....................................................................................................................... 81
ODISHA .......................................................................................................................... 81
KARNATAKA .................................................................................................................. 82
CHHATTISGARH ............................................................................................................. 82
MAHARASHTRA ............................................................................................................. 84
GUJARAT ....................................................................................................................... 85
ASSAM ........................................................................................................................... 88
MANIPUR ....................................................................................................................... 88
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ODISHA .......................................................................................................................... 89
KARNATAKA .................................................................................................................. 89
CHHATTISGARH ............................................................................................................. 90
MAHARASHTRA ............................................................................................................. 91
GUJARAT ....................................................................................................................... 92
ASSAM ........................................................................................................................... 95
MANIPUR ....................................................................................................................... 95
CHHATTISGARH ............................................................................................................. 96
MAHARASHTRA ............................................................................................................. 96
ASSAM ........................................................................................................................... 98
MANIPUR ....................................................................................................................... 98
ODISHA .......................................................................................................................... 98
KARNATAKA .................................................................................................................. 99
CHHATTISGARH ............................................................................................................. 99
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NATIONALITY........................................................................................................... 236
KARNATAKA.................................................................................................................... 241
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KARNATAKA.................................................................................................................... 260
NATIONALITY........................................................................................................... 269
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KARNATAKA.................................................................................................................... 274
KARNATAKA.................................................................................................................... 288
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Index of Tables
Table Page
Number Description of Table No.
1 List of Identified States
30
2 Comparative Overview of Structure of Norms
39
3 Comparative Overview on Rating System
51
4 Comparative Overview of Rating Schemes
52
5 Rating System in Assam
53
6 Rating System in Manipur
54
7 Rating System in West Bengal-1
55
8 Rating System in West Bengal-2
55
9 Rating System in West Bengal-3
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10 Rating System in West Bengal-4
56
11 Rating System in West Bengal-5
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12 Rating System in West Bengal-6
57
13 Rating System in West Bengal-7
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14 Rating System in West Bengal-8
58
15 Rating System in Karnataka
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16 Rating System in Tamil Nadu-1
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17 Rating System in Tamil Nadu-2
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18 Rating System in Tamil Nadu-3
61
19 Rating System in Tamil Nadu-4
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20 Rating System in Tamil Nadu-5
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21 Rating System in Tamil Nadu-6
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22 Rating System in Tamil Nadu-7
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23 Rating System in Tamil Nadu-8
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24 Rating System in Tamil Nadu-9
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25 Rating System in Tamil Nadu-10
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26 Rating System in Chhattisgarh-1
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27 Rating System in Chhattisgarh-2
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Index of Figures
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Figure 24 Comparative Workload-8 in New Delhi, Assam, Chhattisgarh and Madhya Pradesh
................................................................................................................................................ 114
Figure 25 Comparative Workload-9 in New Delhi, Assam, Chhattisgarh and Madhya Pradesh
................................................................................................................................................ 115
Figure 26 Comparative Workload-10 in New Delhi, Assam, Chhattisgarh and Madhya
Pradesh ................................................................................................................................... 116
Figure 27 Contents of ACR in Assam ................................................................................... 131
Figure 28 Contents of ACR in Manipur ................................................................................ 132
Figure 29Contents of ACR in Odisha-1................................................................................. 132
Figure 30Contents of ACR in Odisha-2................................................................................. 133
Figure 31Contents of ACR in Karnataka ............................................................................... 133
Figure 32Contents of ACR in Tamil Nadu ............................................................................ 134
Figure 33Contents of ACR in Chhattisgarh ........................................................................... 134
Figure 34Contents of ACR in Madhya Pradesh .................................................................... 135
Figure 35 Contents of ACR in Maharashtra-1 ....................................................................... 136
Figure 36 Contents of ACR in Maharashtra-2 ....................................................................... 136
Figure 37 Contents of ACR in Gujarat-1, 2 and 3 ................................................................. 137
Figure 38 Contents of ACR in Gujarat-4 ............................................................................... 138
Figure 39 Contents of ACR in New Delhi ............................................................................. 138
Figure 40 Contents of ACR in Uttar Pradesh ........................................................................ 139
Figure 41 Comparative Distribution of ACR Contents ......................................................... 139
Figure 42 Comparative Distribution of Weightage of ACR Contents ................................... 143
Figure 43 Overview of Promotion Structure ......................................................................... 147
Figure 44 Breakup of Vacancy for Appointment as District Judges ..................................... 149
Figure 45 Breakup of Vacancy for Appointment as District Judges in Assam, Manipur and
Madhya Pradesh ..................................................................................................................... 149
Figure 46 Quantitative Weightage of Evaluation of Judgements for Promotion as Senior Civil
Judge ...................................................................................................................................... 160
Figure 47 Quantitative Weightage of ACRs for Promotion as Senior Civil Judge ............... 161
Figure 48 Quantitative Weightage of Disposal Records for Promotion as Senior Civil Judge
................................................................................................................................................ 162
Figure 49 Quantitative Weightage of ACRs for Regular Promotion as District Judge ......... 180
Figure 50 Quantitative Weightage of Evaluation of Judgements for Regular Promotion as
District Judge ......................................................................................................................... 181
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Introduction
The appointment and performance of judges in the higher judiciary in India (High Courts and
the Supreme Court) have been in the limelight in recent times. There also exists a wealth of
scholarship and literature on various issues pertaining to the selection of personnel of higher
judiciary. However, the foundation of judicial system primarily lies with the subordinate
judiciary who were more intimately connected with the dispensation of justice at the first
instance.
There has been lack of comprehensive field research in relation to the judicial system and
with special reference to the subordinate judiciary in India. The current research deals with
two critical aspects concerning the subordinate judicial system in India;
Both these issues are closely linked to the smooth functioning of the judicial system. The
criteria and methodology of performance evaluation reflects not only the nature and values in
the judicial system, but also an important factor for justice delivery. Similarly, the promotion
and the assessment methodology shows the kind of judicial qualities which the system is
recognising to reward.
An objective and transparent system in these respects is required for creative and innovative
legal minds to opt the judiciary as a preferred profession.
The endeavour has been to assess the degree of objectivity in the policies which are prevalent
in the different states.
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For the purposes of this research, the existing policies in Twelve (12) States were analysed.
These states were identified primarily on the basis of logistical limitations and also on the
principle of geographical representation. The states have been identified from the following
parts of India; Eastern India, Western India, Northern India, Southern India, North-Eastern
region and Central India.
Assam Manipur
Maharashtra Gujarat
The systems of performance appraisal in different states have been analysed from two
perspectives; Norms of Disposal and Performance Assessment through Annual Confidential
Records
The schemes of promotion have been analysed from the following primary perspectives;
1. Eligibility Conditions
2. Criteria of Promotion
3. Assessment of Promotion Criteria
In addition to the analysis of the existing policies which forms the substantial core of the
report, a survey has also been administered among the judicial officers of different states to
assess the problems and challenges concerning the existing policies.
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The main concern of the research consisted of matters pertaining to serving judicial officers
and not on how they are recruited. However, in the process of compiling the relevant
regulations in each state concerning performance appraisal and schemes of promotion, we
found that we have data regarding direct recruitment rules of most of the states in the
depository of official policies shared with us. Thus, we have also provided a brief
comparative overview of the system of direct recruitment in various states.
The information in the nature of the prevailing official policies in each state was sourced
from the respective High Courts in each state. Apart from few verbal and telephonic
clarifications, the core analysis in this report is based on the official policies shared with us in
the form of the following documents;
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Assam
Manipur
Odisha
1. Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007
2. Booklet for recording CCR of Judicial Officers dated 7.10.1999
3. Yardstick for judicial officers, 2004
4. Circular on Incentive for old cases, 2000
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West Bengal
Karnataka
Tamil Nadu
1. Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007
2. Letter Roc.No. 2475/2016/RG-Con.B2 by T.Ravindran dated 01.07.2016
3. Tamil Nadu State Judicial Service (Confidential Records) Rules, 2014
4. ACR proforma as given in the Tamil Nadu State Judicial Service (Confidential
Records) Rules, 2014
5. Norms of disposal, 2013
Chhattisgarh
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Madhya Pradesh
Maharashtra
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Gujarat
New Delhi
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Uttar Pradesh
1. The Uttar Pradesh Judicial Service Rules, 2001.
2. The Uttar Pradesh Higher Judicial Service Rules, 1975
3. ACR proforma as amended on 28 August 2015
4. Limited Competitive Examination question papers of 2014 and 2016
5. Quantum of work for Judicial Officers, 2016
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In all states, judicial officers are expected to fulfil certain quantitative targets in terms of the
work they do. Typically, they are known as ‘Norms’,’ Yardstick’ or ‘Criteria for Assessment
of Work Done’. For the sake of convenience, we have uniformly used the term ‘Norms’ in
this report. There is great variety in the manner in which Norms have been prescribed in
different states. The different aspects of the prescribed norms have been addressed under the
following broad conceptual headings;
Structure of the Norms refers to the manner in which norms have been prescribed in different
States. In majority of the States (Assam, Odisha, West Bengal, Madhya Pradesh,
Chhattisgarh, New Delhi, Karnataka, Maharashtra and Gujarat) a list of specific entries is
provided in relation to different categories of judges. Each entry is attributed a quantitative
weightage. The entries can be in the form of description of cases, other judicial work or even
administrative work of a judge. Thus, for each category of judges mentioned in the Norms, a
separate list of entries with quantitative weightage is applicable. The assessment of Norms in
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relation to a judge is then made only in reference to the quantitative weightage of the entries
specified for his/her category.
The number of categories specified in different States varies. For example, in Maharashtra,
18 different categories of judges have been mentioned. In Chhattisgarh, all judicial officers
have been covered under 2 broad categories.
The number of entries which are specified under different categories of judges in a State
varies significantly. When we can count the number of entries, each entry which has been
attributed a quantitative weightage has been counted separately. For example, in the Category
of Higher Judicial Service, Clause 1 titled ‘Sessions Trial’ in the sub-heading ‘Criminal’ has
5 sub-clauses. The sub-clauses deal with different types of Sessions Trials such as Culpable
Homicide, Cases under Explosive Substance Act etc. A separate quantitative weightage has
been specified in relation to each sub-clause. Thus, Clause 1 is counted as 5 entries. Thus,
while the category of District and Sessions Court (Civil Matters) in Maharashtra has 41
entries, the category of School Tribunals in Maharashtra has 4 entries. In Gujarat, the
category of Senior Civil Judges has 33 entries and the category of Judges, Family Courts has
9 entries.
There is also a substantial disparity in the number of entries and the details of entries across
different States. For example, while in New Delhi, there are a total of 102 entries, there are
69 entries in Odisha. In Odisha, all Sessions Cases are given the same quantitative weightage.
On the other hand, different kinds of Sessions cases are given separate quantitative weightage
under different entries in states like Chhattisgarh, Maharashtra and Madhya Pradesh. While
Sessions Cases have been divided into 2 types in Maharashtra, it has been divided into 5
types in Madhya Pradesh and into 7 types in Chhattisgarh.
This approach of category wise distribution of entries with quantitative weightage has a
drawback. Quite often it results in the same or similar entries being repeatedly mentioned
under different categories of judges. At times, the same or similar entries for different
categories of judges carry different quantitative weightage. However, more often, such entries
carry the same quantitative weightage. For example, in Gujarat, the disposal of a Session
Case carries a quantitative weightage of ‘3.00 working days’ for both Judges of the City Civil
Court and District and Sessions Judges. In Maharashtra, References pertaining to Wage
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Demands under the Industrial Disputes Act, 1972 carry a quantitative weightage of ‘5.00
units’ for both Industrial Courts and Labour Courts. This results in considerable redundancy
in the Norms. At times, it can appear fragmented. For example, in order to know the
quantitative weightage of Maintenance cases under Section 125 of Cr.PC in a State, one has
to check the list of entries under multiple categories of judges to ascertain if it has a single
quantitative weightage. When we discount such redundancy, the number of entries listed in
the Norms of a State change substantially. For example, without such redundancy, the
number of entries in Maharashtra falls from 420 to 348. In West Bengal, it falls from 219 to
136.
Assam 5 116
Odisha 8 76
Karnataka 10 69
Chhattisgarh 2 145
Maharashtra 18 420
Gujarat 12 353
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Best Practice
In terms of arranging the entries, the approach adopted in Tamil Nadu provides a more neat
structure. In Tamil Nadu, a total of 95 entries are divided into the following 4 categories
which apply to all judicial officers;
1. Proceedings relating to Criminal Laws
2. Proceedings relating to Civil Laws
3. Proceedings relating to Special Laws
4. Other Categories
A similar approach has also been adopted in Uttar Pradesh. With a conceptually segregated
list, there is no scope of redundancy in the entries. While the categories of conceptual
headings can be expanded in more nuanced detailed, it is a better approach than listing the
headings under different categories of judges which would lead to unavoidable redundancy.
However, in terms of the range of entries, the most exhaustive list can be seen in
Maharashtra. Even after taking the redundancies into account, there are as many as 348
separate entries for which quantitative weightage has been specifically allotted.
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Assam
Manipur
80
70
60
Entries with Quantitative
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73 Weightage
40
30
20
10
0
All Judicial Officers
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Odisha
The category of ‘Contested Criminal Cases for Judicial Magistrates’ also mentions the
number of cases to be disposed in a year by Chief Judicial Magistrate (250), SDJM taking
cognizance (200) and Judicial Magistrate/SDJM not taking cognizance (350)
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West Bengal
100
90
80
70
60
50 93
Entries with Quantitative Weightage
40
30 59
42
20
25
10
0
DJ/FTC Judge Civil Civil Judge Judicial
Judge(SD) (JD) Magistrates
Karnataka
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Tamil Nadu
35
30
25
20
32 30 Entries with Quantitative
15 28 Weightage
10
5
5
0
Criminal Civil Laws Special Laws Other
Laws Categories
Chhattisgarh
80
70
60
50
Entries with Quantitative
40 72 72 Weightage
30
20
10
0
Higher Judicial Service Lower Judicial Service
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Madhya Pradesh
84
82
80
78
76 83 Entries with Quantitative
Weightage
74
72 74
70
68
Higher Judicial Service Civil Judges/ Judicial
Magistrate
Maharashtra
Co-operative…
District and Sessions…
District and Sessions…
Chief Judicial…
Civil Judge, Junior…
City Civil and Sessions…
City Civil and Sessions…
Small Causes Court…
Court of Small…
Metropolitan…
Family Courts in the…
Weightage
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Gujarat
New Delhi
70
60
50
10
0
Higher Judicial service Delhi Judicial Services
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Uttar Pradesh
30
25
20
0
Schedule ‘A’ Schedule ‘B’ Schedule ‘C’
(Criminal Work) (Civil Work)
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Nature of Norms refers the quantitative description of the entries. In this respect, the Norms
in different States can be divided into 3 types;
1. Units System
2. Working Day System
3. Case-Conversion System.
i. Units System
In this system, each entry in the Norms is described as a unit, number of units or some
fraction of a unit. The work done by a judge is then assessed in term of the aggregate of units
earned by him in a day, month, quarter or a year. For example, in Chhattisgarh, a judicial
officer in Higher Judicial Service is rated poor if his daily output is less than 5 units. In New
Delhi a judicial officer is rated ‘Inadequate’ if his quarterly output is less than 300 units.
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In this system, each entry in the Norms is described as a working day, number of working
days or a certain fraction of a working day. Judicial officers are expected to accomplish work
equivalent to the prescribed number of working days. For example, in Odisha, a judicial
officer is expected to achieve work output equivalent to 240 working days in a year. In
Gujarat, a judicial officer is expected to produce work equivalent to 24 working days in a
month.
In this system, entries are described in the form of a conversion ratio of base case. For
example, for District and Sessions Judges, the basic case category is Sessions case. As per the
norms, each sessions case is equivalent to five criminal appeals, twelve criminal revision
petitions etc. In a month, a District and Sessions Judge has to dispose of 10 Sessions cases or
equivalent number of criminal appeals revision petitions etc. For some categories of judges,
the nomenclature of ‘unit’ has also been adopted. However, even in such situations, entries
are detailed in the form of a conversion ratio. For example, for judges of Chief Metropolitan
Magistrate Courts in Bangalore city, the expectation is of 10 units per month wherein 1 unit
is deemed equivalent of 5 IPC cases by considered judgements, 12 criminal cases under other
laws etc.
Best Practice
The manner in which the quantitative weightage is expressed is not fundamental to the
assessment of the workload of judicial officers. The number of entries which are identified
for quantitative weightage, the manner in which such entries are structured and the amount of
weightage awarded to different entries is of greater importance. Whether the entries are
expressed as ‘units’ or ‘working days’ does not make a core difference at the time of
assessing the work of a judge if the weightage of similar entries is equalised. However, it
would be ideal if there could be uniformity in this respect. Thus, keeping line with the
practice in majority of the States, a Units system could be preferred to define the quantitative
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weightage. This would ensure that comparison of the Norms in the States would be less
complicated than it is at present.
The rating system refers to the evaluation parameters in relation to the quantitative workload
of judicial officers. The rating system prevalent in a State prescribes the quantitative
benchmark that is expected of judicial officers and how they are rated for the workload
achieved by them.
There is variance in terms of the time-span in relation to which a rating system is expressed.
For example, the rating system in Chhattisgarh mentions the daily workload of a judicial
officer. In Odisha, the annual workload of judicial officers is mentioned. A monthly workload
is mentioned in Tamil Nadu whereas in New Delhi, a quarterly workload is mentioned. It
needs to be noted that these variations are simply in relation to the manner in which the rating
system is expressed in the Norms of a state. Usually, assessment of workload is done on
monthly, quarterly and yearly basis. However, the Norms in the different States typically
explain the rating system only in any one of the 4 options; daily, monthly, quarterly and
yearly.
While some States (Odisha, Karnataka, Tamil Nadu) only prescribe a specific quantitative
benchmark the judicial officers are expected to achieve, other States usually provide a ratings
scale with different gradings for different degrees of quantitative achievement. For example,
in Tamil Nadu, a monthly quantitative benchmark is prescribed and judges are expected to
achieve that benchmark. There is no specific prescription to deal with the possibility of a
judicial officer performing well above that benchmark. So when the quantitative benchmark
is 15 units a month, there is no official prescription to separately acknowledge a judge who
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has earned 16 units and a judge who has earned 22 units. On the other hand, in New Delhi 4
separate benchmarks have been mentioned on the basis of which a judicial officer may be
rated Inadequate, Good, Very Good or Outstanding.
There is variation in the details of the ratings scale as well. For example, while the 4 point
ratings scale of New Delhi has the gradations of Inadequate, Good, Very Good and
Outstanding, the 4 point ratings scale of Madhya Pradesh has the gradations of Poor,
Average, Good and Very Good. The most elaborate scheme of rating is followed in the State
of Gujarat. While most States adopt a 4 point, 5 point or 6 point ratings scale, in Gujarat,
judicial officers are graded on a 8 point ratings scale of Poor, Inadequate, Just Adequate,
Adequate, Good, Very Good, Excellent and Outstanding.
While some States, have a single rating scheme for all the judicial officers, in other States,
separate benchmarks are prescribed for different categories of judicial officers. For example,
the 8 point ratings scale in Gujarat is applicable to all judicial officers in the State. Thus, if a
judicial officer has achieved 100%-125% of Norms, he/she will be rated as Adequate. This
rule is same for judicial officers of all categories. However, 2 separate ratings scheme have
been prescribed in Chhattisgarh; one for officers of Higher Judicial Service and one for
officers of Lower Judicial Service. An officer of a Higher Judicial Service will get a rating of
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Good if his daily output is between 6 to 7 units. On the other hand, an officer of Lower
Judicial Service will get a rating of Good if his daily output is between 7 to 8 units.
The most elaborate scheme of Multiple Rating Scheme can be found in Tamil Nadu. Specific
quantitative benchmarks have been separately prescribed for 45 categories of judicial
officers. In West Bengal, separate benchmarks have been specified for 14 categories of
judicial officers.
Single Rating System for All Officers Multiple Rating System for All Officers
Manipur Karnataka
Gujarat Chhattisgarh
New Delhi
Uttar Pradesh
Best Practice
In terms prescribing Single/Multiple rating schemes, the best practice can be seen in New
Delhi and Maharashtra. Providing different quantitative benchmarks for different categories
of officers without accompanying explanations is not ideal as the reasons behind the
differentiation in benchmarks are not necessarily apparent. Multiple rating schemes also
make the official policies highly cluttered. It makes more logical sense to define a common
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quantitative benchmark for all the officers and then prescribe concessions and relaxations
wherever necessary by way of general principles. This will ensure that the reasons behind the
relaxations or concessions are transparently articulated. Thus in States like New Delhi and
Maharashtra, after a prescription of common quantitative benchmark for all categories of
judicial officers, concessions have been granted to certain categories of judicial officers
having additional administrative responsibilities.
In terms of the range of the rating scale, the best practice can be seen in Manipur which has a
5 point rating scale of Poor, Average, Good, Very Good and Outstanding. A 5 point rating
scale provides a reasonable range to categorise the different performance levels of judicial
officers. On the other hand, 4 point ratings scale fall slightly short of covering an adequate
range of performance levels. For example, after Inadequate, the next rating in Assam is Good
which does not satisfactorily cover performance levels which should not be attributed a rating
of either Good and Inadequate and fall somewhere in between. In such cases there is no
appropriate middle level of performance. The problem with a 6 point (Maharashtra) or 8
point (Gujarat) rating scale is that such an elaborate rating scale becomes cumbersome. A 5
point rating scale provides the facility of a Middle rating of satisfactory performance with
two ratings dedicated for below satisfactory performance and two ratings dedicated to above
satisfactory performance.
Below is the Rating System of the different States;
Assam
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The officers are expected to work for 63 working days in a quarter. If the actual number of
scheduled working days falls below 63 days, the requirement of units is reduced by 3 units
per day.
Manipur
Monthly Assessment on a 100 point formula for Judicial Officers of all Categories
90 or more Outstanding
For assessment, the norms are calculated in proportion to the number of days for which a
judicial officer has actually worked.
Odisha
In Odisha, an annual assessment has been specified. Judicial officers of all categories are
expected to achieve a quantitative output equivalent to 240 working days in a year.
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West Bengal
Quarterly Assessment for District Judges and Fast Track Court Judges, F.T.C Judges
with less than 25 pending civil cases, Judge, City Civil Court and Judge, City Sessions
Court
Quarterly Assessment District Judges having more than 40 courts under their judgeship
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Quarterly Assessment for Judges, Special Court Conducting I.E. Act Cases
Quarterly Assessment for Chief Judge, City Civil Court/Chief Judge P.S.C Court and
Chief Judge, City Sessions Court
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Monthly Assessment, Judicial Magistrates, Chief Judicial Magistrate and Addl. Chief
Judicial Magistrate in a place where there is no Chief Judicial Magistrate
76 to 86 units Adequate
87 to 96 units Good
For a monthly assessment, 20 days on an average are taken as available working days.
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Karnataka
Table 15- Rating System in Karnataka
Monthly Assessment
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Civil Judges (Jr. Dn.) and JMFC 12 original suits or equivalent number of
cases
The annual assessment is done of 11.5 months for District judges, presiding officers of Fast
Track Courts, District Judges presiding over Quasi-Judicial Tribunals, Officers in the cadre of
Civil Judge (Sr. Dn) and CJM and Civil Judges (Jr. Dn.) and JMFC.
Tamil Nadu
Monthly Assessment for Senior Civil Judges other than Chennai city
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District Munsifs cum Judicial Magistrates 17.00 [Criminal Side 8.50 and Civil Side
8.50]
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For assessment, the norms are calculated in proportion to the number of days for which a
judicial officer has actually worked.
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Chhattisgarh
For an annual assessment, the calculation is made on the basis of 220 working days.
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Madhya Pradesh
For an annual assessment, the calculation is made on the basis of 220 working days.
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Maharashtra
Works for not more than 20 days during Grossly inadequate if disposal less than 50%
the four monthly period of the total number of actual working days.
The norms are calculated on the basis of the actual number of working days by a judicial
officer. When the number of units earned by a judicial officer is equivalent to the number of
days he has worked for, the disposal is counted as 100%. Thus if a judicial officer has
actually worked for 220 days in a year and has earned 250 units, he will be getting a rating of
Adequate.
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Gujarat
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New Delhi
If the number of actual working days in a quarter falls below 70, the requirement of units
shall stand reduced by 4 units for each day by which it falls short of 70 days. The expected
work output of judges is set at 80% of the standard norms in the second quarter of the year in
light of the holidays scheduled at that time of the year.
Uttar Pradesh
In Uttar Pradesh, there is no rating system. The number of quantitative weightage earned by a
judicial officer is expected to be equal to the number of actual working days. Thus, if in a
year, there have been 225 working days, the judicial officer is expected to do work equivalent
to 225 working days.
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In many States, additional conditions have been prescribed to be eligible for a rating apart
from achieving the required amount of quantitative weightage. In some States, these
conditions have been prescribed for certain categories of judicial officers and in other States,
for all categories of judicial officers. Typically, these conditions are of three categories;
1. A mandate that a certain proportion of cases (civil and criminal, main and
miscellaneous) be maintained in the overall disposal of cases.
2. A mandate that the overall disposal should include certain number of disposals of one
or more particular categories of cases.
3. A mandate that the overall disposal should include a certain number of contested
disposals.
A variety of such conditions are prescribed in all States apart from New Delhi, Uttar Pradesh
and Tamil Nadu. In New Delhi, Uttar Pradesh and Tamil Nadu, there is no express provision
of this nature in any of the official policies shared with us.
Best Practice
It would not be appropriate to compare the policies of different States in this respect as these
policies are mostly based on the nuances of pendency statistics in individual States and also
on certain priorities which can be entirely localised in nature. Thus, a State having less
pendency in civil work need not specify a 50:50 ratio in disposal of civil and criminal cases.
It is not appropriate to compare policies which depend primarily on the peculiarities of local
circumstances.
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Assam
A Sessions Judge/Addl. Sessions Judge having 40 or more cases of culpable homicide,
Section 121, 306 r/w 498A, 304B, 364A IPC and cases under TADA, POTA and NDPS Act
or 80 or more cases of other Session cases has to decide a minimum of 6 or 12 such cases
respectively in a quarter. Failing this requirement, the officer will be rated ‘inadequate’
regardless of the units earned in the same quarter.
Manipur
A judicial officer is required to obtain 60% of the units by contested disposals.
Odisha
In Odisha, the ratio of disposal of civil and criminal cases by a judicial officer should be
equal.
West Bengal
A general guideline has been mandated that judicial officers should attempt to dispose of all
types of matters.
For getting ratings of Good, Very Good and Outstanding, additional requirements of monthly
disposal have been prescribed in the following manner;
FTC judge with less 15 sessions cases 18 sessions cases 24 sessions cases
than 2 pending civil
cases
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*and **: In order to get a rating of Adequate, a judicial magistrate must dispose of 13 cases a
month and an Addl. CJM must dispose of 8 cases a month.
Karnataka
1. For District and Sessions Judges, there has to be a minimum disposal of 6 sessions
cases a month.
2. For Civil Judges (Sr. Dn.), there has to be a minimum monthly disposal of 4 original
suits 8 regular appeals by considered judgements.
3. In the monthly disposal of Presiding Officers of Small Causes Court, there shall be
minimum disposals of 12 HRC cases.
4. The monthly disposals by Civil Judges (Jr. Dn.) and JMFC must consist of 6 original
suits on merits.
Chhattisgarh
1. Civil Judges (Class I and II) discharging both civil and criminal work are required to
achieve at least 30 units from civil work.
2. Judges of Higher Judicial Service discharging civil and criminal work are required to
achieve minimum 35 units (including 20 units of civil work excluding claim work).
Madhya Pradesh
Judge dealing with both criminal and civil matters are expected to achieve disposals of at
least 30 units of civil work per month.
Maharashtra
1. The ratio of disposal for judicial officers in relation to Main and Miscellaneous
matters should be 60:40.
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2. The ratio of disposal of Civil and Criminal work should be 50:50 where the judicial
officer has both civil and criminal files in equal proportion. Otherwise ratio of
disposal of civil and criminal cases by a judicial officer should be proportional the
pendency of civil and criminal matters in his docket.
3. However, no explanation for maintaining the ratio is required when the ratio of civil
work is more than 50%.
Gujarat
1. Judges and Magistrates handling both civil and criminal work and having adequate
number of civil suits on their file are expected to achieve at least 25% of their total
disposal in the nature of civil suits.
2. Senior Civil Judges working in the civil side and having adequate number of Special
Civil Suits are expected to achieve at least 25% of their total disposal in Special Civil
Suits.
3. Chief Judicial Magistrates are expected to show substantial disposal of regular tribal
IPC cases and other cases of serious nature including cases received from Sessions
Courts under Section 228 Cr.PC, cases of special category and misappropriation cases
transferred from other Judicial Magistrates.
4. Magistrates having sufficient number of IPC cases and cases of special category are
expected to show substantial disposal of such matters.
5. Judges and Magistrates who are under special/general directions for the disposal of a
particular civil or particular type of civil and criminal cases or criminal cases are
expected to show substantial disposal of such matters.
6. Judges in the cadre of District Judges (except Judges, City Civil and Sessions Court
and Judges, Family Court) handling both civil and criminal work and having adequate
number of civil matters are expected to achieve at least 45% of their total disposal in
the nature of civil matters.
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While the primary duty of judicial officer might be to render judicial decisions, they
discharge a variety of other judicial functions. Conducting a test identification parade,
recording statements or confessions under Section 164 of Cr.PC, examination of witnesses,
framing of charges are various examples of such other judicial functions. These can be
broadly categorised as Non-Decisional Judicial Work. Though these functions by themselves
need not result in a judicial decision, they do require substantial application of time from the
judicial officers. While the Norms for judicial officers mostly focus on attaching quantitative
weightage to the judicial decision making in different category of cases, it is also necessary to
recognize and credit the non-decisional judicial work of the judicial officers.
The policy in different States in this respect is varied. States usually include such work in the
list of entries for which quantitative weightage is attached. Thus, judicial officers are allowed
to earn quantitative weightage for specified non-decisional judicial work in the same way
they earn quantitative weightage for decisional judicial work. For example, in Assam,
Officers in the cadres of CJM, ACJM, JMFC, SPL JMFC are awarded 1 unit for every 10
statements recorded under Section 164 of Cr.PC.
Best Practice
The best practice in this respect can be seen in the state of Uttar Pradesh and West Bengal.
The norms in West Bengal accommodate more categories of non-decisional judicial work
than other States and the same has also been expressly taken into consideration while
prescribing quantitative benchmarks for officers in the cadre of judicial magistrates. In Uttar
Pradesh, a general rule has been prescribed that the actual number of days for which an
officer has done miscellaneous work will be excluded from the total number of days for
which he has to show quantitative output. However, there is no detailing of the quantitative
weightage attached to different functions. Thus, there are no definite guidelines on how many
days of concession should be actually due to a judicial officer for the miscellaneous work
done by him.
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Assam
1. Officers in the cadres of CJM, ACJM, JMFC, SPL JMFC are awarded 1 unit for every
10 statements recorded under Section 164 of Cr.PC.
2. Officers in the cadres of CJM, ACJM, JMFC, SPL JMFC are awarded 2 unit for
confession recorded under Section 164 of Cr.PC
3. Officers in the cadres of CJM, ACJM, JMFC, SPL JMFC are awarded 2 unit for every
T.I. parade conducted.
Manipur
1. Recording of confessional statements is awarded 2 units.
2. Conducting a test identification parade is awarded 2 units.
3. Recording of statements under section 164 of Cr.PC is awarded .10 units.
Odisha
No quantitative credit has been awarded to specific non-decisional judicial work in any of the
official policies shared with us.
West Bengal
Karnataka
There is no express provision regarding weightage for any specific non-decisional judicial
work in any of the official policies shared with us.
Tamil Nadu
Chhattisgarh
There is no express allotment of units for non-decisional judicial work in any of the official
policies shared with us.
Madhya Pradesh
Higher Judicial Service
1. 2 units for framing charge
2. 2 units for recording statement of material witness including investigating officer and
of such witnesses which requires considerably longer time for recording of statement
(maximum of 4 units in a case)
Civil Judge/Judicial Magistrates
1. 1 unit for recording of statement under 164 of Cr.PC (maximum 5 units in a month)
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Maharashtra
Gujarat
1. Across most cadres of judicial officers, framing of charges and framing of issues is
allotted quantifiable credit and is regarded as equivalent to 0.10 working days.
2. Recording of confessions and statements under section 164 of Cr.PC is regarded as
equivalent to 0.20 working days.
New Delhi
Uttar Pradesh
1. In calculating the total number of working days for which a judicial officer is
expected to show quantitative output, the number of days dedicated to miscellaneous
work is excluded.
2. In Schedule A of the list of entries dealing with Criminal Work, there is a mandate
that when part heard cases are not completed in the same financial year, the presiding
officer may make a note in his statement of the precise work done and the time spent
therein. Thus, it is possible that many judicial functions such as framing of charges,
examination of witnesses etc. may be covered under this provision.
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In addition to the judicial functions, judicial officers usually are also entrusted with a variety
of administrative responsibilities. The administrative responsibilities can be of a wide range
and can also vary according to the cadre of judicial officers. These responsibilities are an
important and integral aspect of their role as members of the judiciary. These responsibilities
can range from organising legal literacy camps to inspection of courts. They also include
conducting departmental inquiries and being part of various administrative committees.
The Norms in the States address the issue of administrative responsibilities of judicial
officers in different ways and to different degrees. In some States, certain administrative
responsibilities are explicitly included in the list of entries carrying quantitative weightage.
For example, officers in Higher Judicial Service in Madhya Pradesh are awarded 4 units per
court for annual inspection.
In some other States, specified categories of officers are awarded certain number of units in
general in recognition of the overall administrative responsibilities entrusted to such
categories of judicial officers. For example, in Assam, District and Sessions Judges, Chief
Judicial Magistrates and SDJM (posted in Sub-divisional Head Quarters) are awarded 2 units
per court under their administrative jurisdiction.
In some States, a relaxation in the Norms is prescribed for judicial officers having substantial
administrative responsibilities. For example, in New Delhi, an officer in the cadre of District
Judge-I, Sessions Judge, Chief Metropolitan Magistrate and Administrative Civil Judge
(central) are expected to fulfil only 50% of the allotted units for a particular rating. Thus, a
Sessions Judge will get a rating of ‘Outstanding’ if he completes work equivalent to more
than 200 units.
In some States, relaxation has been given to certain judicial officers in the very prescription
of the norms. For example, in Tamil Nadu, the prescribed norm of disposal of a Principal
District Judge is less than that of an Additional District Judge. Similarly, in City Civil Courts
in Chennai, the norm of disposal of the Principal Judge is less than that of the Additional
Judges and Assistant Judges.
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In some States, a combination of such methodologies is also adopted. For example, in West
Bengal, specific units are awarded for certain administrative responsibilities. Also, certain
categories of officers are given certain number of units in recognition of the overall
administrative responsibilities entrusted to them.
Best Practice
The best practice in this respect can be found in Maharashtra and to a certain extent, in West
Bengal. In Maharashtra, weightage is attributed to specified categories of officers having
administrative responsibilities in a structured manner. It presents a more logical and clear
approach. The calculation involved is simpler. Awarding weightage to specific administrative
work is cumbersome as the range of administrative responsibilities cannot be adequately pre-
defined. Apart from some predictable work like inspection of courts, there might be many
administrative responsibilities in terms of being part of committees and being in charge of
specific assignments which cannot always be reflected in the list of entries.
Assam
1. District and Sessions Judges, Chief Judicial Magistrates and SDJM (posted in Sub-
divisional Head Quarters) are awarded 2 units per court under their administrative
jurisdiction.
2. Judicial officers working as Secretaries of District Legal Services Authorities in
addition to their normal duties are awarded 10 additional units in a quarter.
3. Judicial officers working as Secretary, Deputy Secretary or Assistant Secretary of
Mediation Centres in addition to their normal duties are awarded additional 5 units in
a quarter.
4. Judge of all cadres are awarded 5 units for conducting Departmental Inquiry.
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Manipur
No express concession or additional weightage has been awarded in relation to the
administrative responsibilities that a judicial officer might be discharging in any of the
official policies shared with us.
Odisha
There is no express relaxation or additional weightage for administrative responsibilities in
any of the official policies shared with us.
West Bengal
1. District judges having 40 courts and above, Chief Judge of City Civil Court, Chief
Judge of City Sessions Court and Chief Judge of P.S.C Court are awarded 80 units per
year.
2. District Judges having less than 40 courts are awarded 40 units per year.
3. Officers in the Cadre of District Judges/F.T.C Judges are awarded units for inspection
of jail, inspection of own court (1 unit) and for inspection of subordinate courts (4
units).
4. Judicial Magistrates are awarded 1 unit for inspection of jails.
5. Officers in the Cadre of District Judges/F.T.C Judges, Civil Judges Senior Division
cum Assistant Sessions Judges, Civil Judge Junior Division and Judicial Magistrates
are awarded units for annual inspection of own court. (4 for District Judges/F.T.C
Judges and 6 for other cadres)
6. Officers in the cadre of CMM, ACMMs, CJMs and ACJMs are given 20 units per
year for administrative work.
7. 1 unit per programme is awarded to officers of all cadres for attending and organising
Legal Aid Camps and Legal Awareness Camps.
8. 4 units are awarded for conducting departmental inquiry to officers of all cadres.
9. The requirement of units for different ratings is relaxed for District Judges having 40
or more than 40 courts under their judgeship, Chief Judge of City Civil Court and
Chief Judge of City Sessions Court.
10. The requirement of units for different ratings is relaxed for District Judicial
Magistrates, Chief Judicial Magistrate and Addl. Chief Judicial Magistrate in a place
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where there is no Chief Judicial Magistrate and also for Addl. Chief Judicial
Magistrates in places where there is a Chief Judicial Magistrate.
Karnataka
There is no express relaxation or additional weightage awarded to judicial officers for their
administrative responsibilities in any of the official policies shared with us.
Tamil Nadu
0.50 units are awarded for holding inquiry in disciplinary proceedings. While no separate
concession is granted for administrative responsibilities of judges, it seems to have been
addressed through the fixation of norms in the first place. One can notice that in different
categories, judges having more administrative responsibilities have been given reduced
norms. For example, the prescribed norm of disposal of a Principal District Judge is less than
that of an Additional District Judge. Similarly, in City Civil Courts in Chennai, the norm of
disposal of the Principal Judge is less than that of the Additional Judges and Assistant Judges.
However, the Norms do not specify if the same is done in recognition of the administrative
responsibilities or for some other reason.
Chhattisgarh
Following concession is granted to officers of Higher Judicial Service;
1. 22 units per month to District Judges where there are up to 20 courts in the District
2. 30 units per month to District Judges where there are more than 20 courts in the
District
3. 5 units per court for annual inspection
4. 5 units per literacy camp subject to a maximum of 10 units in a month
5. 5 units per month to senior officers in charge of Nazarat, Copying, Record Room,
Malkhana/Library and Stationary at the District Head Quarter who have done
substantial work and the same is certified by District Judge.
6. 4 units per month for officers in charge of Nazarat, Copying and Malkhana in
outlaying stations.
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7. 7 units per month for officers in charge of other sections in outlaying stations where
there is only one judge.
8. 15 units to Principal Judge/Judge, Family Court for administrative work.
9. 10 units to Additional Principal Judge, Family Court for administrative work.
Madhya Pradesh
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8. 7 units per month for officers in charge of other sections in outlaying stations where
there is only one judge.
9. 5 units for officers in charge of Computerization up to 25 courts.
10. 7.5 units for officers in charge of Computerization from 26 to 50 courts.
11. 10 units for officers in charge of Computerization above 50 courts.
Maharashtra
1. A clear scheme has been incorporated to take into consideration the administrative
work of judicial officers. In all, 27 categories of judicial officers have been specified
additional weightage of working days for calculating their disposal percentage. For
example, while Principal District Judges in Thane, Pune and Nagpur districts are
entitled to a weightage of 12 days, President of Industrial Court, Bombay is entitled to
6 days of weightage.
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1. Judges participating in legal literacy camps are awarded 1.00 units subject to a
maximum of 3 camps in a quarter.
2. A credit of one day in a month is given Chairman and Secretary of District Legal
Services Authority and Chairman of the Taluka Legal Services Authority.
3. For every departmental inquiry, the presenting officer gets 1.00 units and the enquiry
officer gets 1.50 units.
Gujarat
Though there is no specific rule regarding relaxation of norms due to administrative
responsibilities of a judicial officer, an additional weightage of 25% is given to Principal
Senior Civil Judges and Judges of Commercial Courts. The rule does not explain if the same
is done due to the existing administrative responsibilities or for some other reason.
New Delhi
The District Judge- I and Sessions Judge, Chief Metropolitan Magistrate, Officer assigned the
work of DDO and Administrative Civil Judge(Central) are expected to achieve only 50% of
the allotted units for a particular rating.
The Judicial Officers working as part time Secretaries of District Legal Services Committees
for the second half of each working day are expected to achieve only 50% of the allotted
units for a particular rating.
Officer’s in-charge looking for Administration, Vigilance, Litigation and Controlling Officer
(Accounts) in the office of District Judge-I and Sessions Judge on account of additional
Administrative Work are expected to achieve only 80% of the allotted units for a particular
rating.
Other District and Sessions Judges and Principal Judge, Family Courts on account of
additional Administrative work are expected to achieve only 75% of the allotted units for a
particular rating.
DDOs in the office of District Judge-II to District Judge IX, Officers in-charge looking after
Administration, Vigilance and Litigation in the offices of District Judge- II to District Judge-
IX, and ACMMs on account of additional Administrative Work are expected to achieve only
90% of the allotted units for a particular rating.
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In relation to the officers of Delhi Higher Judicial Service, units are also awarded for
inspection of court. A judge is granted 3 units per inspection subject to a maximum of 15
units in a quarter. Units are also awarded for conducting fact finding inquiry (2) and regular
departmental inquiry (6) to judges of both Higher Judicial Service and Delhi Judicial Service.
Uttar Pradesh
The following provisions have been made in Uttar Pradesh in this respect;
1. The days spent by judicial officers in inspecting their own court or inspecting
subordinate courts is expected to be noted in the remarks column of the statement of
disposals submitted by the officers.
2. It is also categorically provided that the number of days spent on inspection of
subordinate courts will be excluded from the total number of working days for which
an officer is expected to give quantitative output.
3. In the cadre of district judges, weightage is given in the following manner for
administrative work and for work connected to admissions, bail, legal aid and Lok
Adalats;
4. In the cadre of senior most additional district and sessions judges, weightage is given
in the following manner for administrative work;
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One of the biggest problems in the Indian judicial system has been the pendency of cases
over long periods of times. Clearing the huge backlog of cases has been one of the most
important objectives. States have sought to address this issue by incorporating some special
provisions in the Norms regarding disposal of old cases. The issue has been addressed
primarily by three alternative ways or by a combination of the three ways.
In some States, additional weightage is given to specific categories of old cases. Thus, while
a normal disposal of a case would carry a certain quantitative weightage, an old case of the
same type would carry additional quantitative weightage. Thus, the list of entries specifies
both the normal quantitative weightage and the additional quantitative weightage in relation
to the specified categories. Example of such a policy can be seen in New Delhi and Assam. In
such a policy, additional weightage is awarded only for some specific cases and not for
others. For example, in Assam, while additional weightage is awarded for disposing cases of
culpable homicide which are more than 8 years old, no such weightage is given for criminal
appeals. In New Delhi, while additional weightage is given for disposal of civil suits which
are more than 10 years old, no such provision exists for cases of culpable homicide.
In some States, a blanket additional weightage is given for cases belonging to a broad
category. Example of this policy can be seen in Karnataka and Tamil Nadu. In Tamil Nadu,
2.5 extra units are awarded for disposal of contested regular civil appeals pending for more
than 10 years. In Karnataka, Additional weightage of one unit is given for disposal by a
considered judgement of each suit in every case pending for more than 5 years.
Another approach in this respect is to specify that a proportion of the total disposals by a
judicial officer must consist of old cases. In Karnataka, there is a mandate that in relation to
the District and Sessions Judges, Civil Judges (Sr. Dn.), Civil Judges (Jr. Dn.), JMFC, CJM
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and Judges of Small Causes Courts in Bangalore City that 25% of overall disposal shall be of
oldest cases pending on the file.
Best Practice
The best practice in this respect can be seen in Gujarat. Three complimentary strategies have
been adopted in Gujarat for encouraging greater disposal of old cases;
1. Firstly, a mandate has been made in relation to different cadres of judicial officers that
a specific percentage of their total disposal must consist of old cases.
2. Secondly, additional weightage has been prescribed for old cases of 6 categories
ranging from cases which are 1 year old to cases which are more than 10 years old.
3. Thirdly, it has been specifically mentioned that failure to dispose of the required
proportion of old cases would result in the downgrading of the rating which the
officer would otherwise have been entitled to.
The policy in Uttar Pradesh also adopts this methodology of combining rules of minimum
disposal and incentive weightage for promoting disposal of old cases.
Assam
In Assam, extra units are awarded for disposal of old cases in specified category of cases. For
example while, disposal of a case of Culpable Homicide is awarded 6 units, 5 additional units
are awarded if the case is more than 5 years old. Such provisions for awarding additional
units for disposal of old cases has been made in 18 categories of cases.
Manipur
No special provisions have been made pertaining to old cases either in terms of added
weightage or in terms of a prescribed percentage of the overall disposal of cases in any of the
official policies shared with us.
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Odisha
An additional weightage of 25% is awarded to judicial officers for disposal of cases which
are more than 7 years old. Thus while the disposal of an original suit is counted as equivalent
to the work of 3 working days, the disposal of an original suit more than 7 years old would be
counted as equivalent to the work of 3.75 working days.
West Bengal
1. Officers in the Cadres of District Judges/F.T.C Judges are given additional 5 units for
contested cases more than 5 years old and additional 2 units for uncontested or ex
parte cases more than 5 years old.
2. It has been mandated that disposal of cases which are more than 7 years old by a
judicial officer is to be given due regarded by the Zonal Judges while making
assessment of the work of the judicial officer.
Karnataka
1. In relation to the District and Sessions Judges, there is a mandate that 25% of overall
disposal shall be of oldest cases pending on the file. A similar mandate is also there
for Civil Judges (Sr. Dn.), Civil Judges (Jr. Dn.), JMFC, CJM and Judges of Small
Causes Courts in Bangalore City.
2. Additional weightage of one unit is given for disposal by a considered judgement of
each suit in every case pending for more than 5 years.
3. Additional weightage of one unit is given in all criminal cases (wherein 20 witnesses
are examined) and civil cases (wherein 10 witnesses are examined) pending for more
than five years.
Tamil Nadu
Additional units are granted for disposing old cases pending for or more than 7 years or 15
years.
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Money suits pending for 7 or more years 1.5 times of the usual units
Criminal cases pending for 7 or more 1.5 times of the usual units
years
Any case pending for 15 or more years 3 times the usual units
Chhattisgarh
Additional weightage is given for disposal of old cases as per the following scheme;
Table 35-Additional Weightage for Disposal of Old Cases in Chhattisgarh
Madhya Pradesh
Additional weightage is given for disposal of old cases as per the following scheme;
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Maharashtra
Additional weightage is given for disposal of old cases as per the following scheme;
Table
37-Additional Weightage for Disposal of Old Cases in Maharashtra
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Gujarat
1. Judges having adequate number of 5, 3 or 1 year old suits are expected to show a
disposal of such suits corresponding to 25% of their disposal of working days in a
quarter.
2. Magistrates including Chief Judicial Magistrates/Metropolitan Magistrates having
sufficient number of 1 year old or 6 months old criminal cases are expected to show
disposal of such cases corresponding to 50% of their disposal of working days in a
quarter.
3. In case of adequate pendency, judges are also expected to show 50% of disposal from
3 year old cases.
4. The total disposal of matters by Presiding officers must contain at least 20% of
contested matters which are more than 2 years old in civil cases and more than 1 year
old in criminal cases.
Extra weightage is given for disposal of old cases as per the following scheme if the formal
requirements regarding the proportion of disposals of old matters are adhered to;
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old
The weightage as outlined above is also given to Members, Industrial Court and Judges,
Labour Court. Also, a judicial magistrate is given 15% of additional weightage when he
keeps the criminal file clear of 6 months old criminal cases.
Along with certain other directions concerning the prioritisation of the disposal of some
cases, when a judge fails to adhere to the prescriptions concerning disposal of old cases, the
rating that such a judge might have achieved is downgraded. Thus, a judge who otherwise
would have received an ‘Excellent’ rating would receive a rating of ‘Very Good’ if he has not
complied with the prescriptions concerning disposal of old cases.
New Delhi
In Delhi, extra units are awarded for disposal of old cases in is specified category of cases.
For example, while generally 4 units are awarded for deciding cases under Section 125 of
Cr.PC, 6 units are awarded if the case is more than 5 years old. While 7 units are awarded for
deciding a contested civil suit, 10 units are awarded for deciding a contested civil suit which
is more than 10 years old. Such provisions for awarding additional units for disposal of old
cases has been made in 23 categories of cases.
Uttar Pradesh
The following provisions have been made in Uttar Pradesh in this respect;
1. Presiding officers are encouraged to prepare a list of 100 oldest cases in each quarter
and dispose of the same on a priority basis.
2. Additional weightage is given to both civil and criminal cases as per the following
scheme;
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3. All officers are expected to dispose of at least one case of each category mentioned
above every month.
4. If an officer decides more than the minimum number of cases in each category, he is
also entitled to an additional 10% per case.
5. The rating given to an officer is reviewable if he has not disposed of the minimum
number of old cases from the above categories.
6. For disposal of appeals/revisions pending in the District Court filed during the
pendency of original proceedings against the interim/miscellaneous orders by which
the proceedings of the trial court get stayed, additional weightage at twice the
recommended rate is awarded to the concerned judge.
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Best Practice
It would not be appropriate to compare policies of the States in this respect as such policies
are mostly reflections of the localised challenges and priorities. Thus, incentive weightage
may be granted in relation to specific categories of cases to clear disproportionate backlog
which might be there in relation to such cases and not others. However, the practice of
awarding incentive weightage for civil cases can be addressed in formulation of the norms
itself and need not be addressed through a scheme of incentive weightage. Promoting
disposal of civil cases in case of pendency can be ensured by prescribing rules on
proportionality of disposal instead of awarding incentive weightage.
Assam
Additional units are granted in some categories of cases when the number of disposal crosses
a specified threshold. For example, 8 units are awarded for the final disposal of a Trap case
up to 3 cases in a quarter. After the 3rd case, the judicial officer would be entitled to 12 units
for every final disposal. Such provision has been made in 9 categories of cases with different
threshold for different categories.
Manipur
A benchmark has been fixed on the average pendency which is 400 cases for criminal courts,
100 cases for civil courts and 60 Sessions cases for Sessions Courts.
1. Where pendency is less than 20% of the total benchmark, the units obtained are
increased by 10%.
2. Where pendency is less than 40% of the total benchmark, the units obtained are
increased by 20%.
3. Where pendency is less than 60% of the total benchmark, the units obtained are
increased by 40%.
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Chhattisgarh
1. Officers who are handling exclusively civil work are given extra 20% units on the
total units earned by them for civil work.
2. Officers who are handling both civil and criminal work are given extra 10% units on
the total units earned by them for civil work.
3. 10% extra units are given for disposal of civil cases relating to Senior Citizens.
Madhya Pradesh
1. Officers who are handling exclusively civil work are given extra 20% units on the
total units earned by them for civil work.
2. Officers who are handling both civil and criminal work are given extra 10% units on
the total units earned by them for civil work.
Maharashtra
1. Additional credit at the rate of .20 times is awarded for disposal up to 10 matters by a
common judgement.
2. Additional credit at the rate of 1.20 times is awarded for disposal of 11 or more
matters by a common judgement.
3. Additional credit at the rate of .10 times is given for rendering judgements in Marathi.
New Delhi
Additional units are granted in some categories of cases when the number of disposal crosses
a specified threshold. Thus, while 8 units are awarded for deciding a case of culpable
homicide for the first 7 such cases, a judge is awarded 12 units for every additional case
decided beyond 7. This scheme for awarding extra units for deciding cases beyond a
particular limit is incorporated for various categories of cases. While 2 units are awarded for
every criminal appeal decided on merits for the first 15 cases, 3 units are awarded for every
criminal appeal decided beyond 15. Out of the 102 sub-categories of cases for which units are
awarded, such an incentive for extra work is provided in relation to 29 sub-categories of
cases.
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I. Policy Regarding Concession for Leave Availed and Regarding Newly Recruited
Officers
It is a general rule that whenever any officer fails to fulfil the quantitative benchmark
prescribed in the Norms, the reasons for such failure may be furnished by him and the same is
expected to be taken into consideration if found reasonable. In such situations, it is feasible
that judicial officers may cite leave taken by them or the fact that they have newly joined the
profession as reasons for not being able to fulfil the quantitative benchmark prescribed under
the Norms. However, in such situations, accepting the validity of these reasons depends on
the discretion of the higher authorities and such occasions also have the possibility of being
fertile grounds of discrimination.
Thus, it is desirable that the policy in this respect should be clear in the Norms prescribed in a
State. The requests for being granted concession on the grounds of leave availed or for being
new in the job should be decided on the basis of established rules and not under discretionary
authority.
The policy regarding concession from quantitative benchmarks for leave availed is marked by
variety of approaches.
In States like Karnataka, Madhya Pradesh and Chhattisgarh, concession can be granted for
leave availed only in certain specified kinds of leave. In States like Maharashtra, Manipur and
West Bengal the quantitative benchmark is assessed only on the basis of the number of days
an officer has actually worked. Thus the officers automatically get concession for any leave
they might have availed. In States like Gujarat, Odisha and Assam, there does not seem to be
any express rule regarding officers being granted concession for any leave availed by them.
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Best Practice
The best practice in this respect can be seen in Chhattisgarh and Madhya Pradesh. While
identifying the best practice in this respect, there is the need to balance two requirements;
encouraging greater disposal of cases and promoting reasonable work environment for
judicial officers. Assessing the work of judicial officers only for the days on which they have
actually worked would mean that their quantitative benchmark will be adjusted in relation to
every single leave they might take, for whatever reason. Keeping in mind the pendency in the
courts, such a degree of relaxation does not seem appropriate. On the other hand, not
providing any kind of concession when leave is taken for genuine reasons can be
demotivating and harsh. The policies in Chhattisgarh and Madhya Pradesh provide a
balanced solution to this dilemma by awarding concession for certain kinds of leaves and not
others. The kinds of leaves which have been recognised for this purpose seem to have been
prepared keeping in mind peculiarities of Indian society which may not be as relevant
elsewhere. Thus, apart from certain other categories, leave taken for the marriage of a son or
daughter and leave taken in case of the death of close family members is recognised.
Assam
There is no express concession granted for any leave availed by a judicial officer in any of
the official policies shared with us.
Manipur
A generalised guideline has been prescribed that the number of days an officer has been on
leave may be taken into consideration while his quarterly output is being assessed. However,
this is subject to the condition that the work done by him is otherwise found to be substantial.
Odisha
There is no express concession granted for any leave availed by a judicial officer in any of
the official policies shared with us.
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West Bengal
While assessing the work of a judicial officer, the actual days employed by an officer is taken
into consideration. Thus, any leave availed by an officer is taken into account for a
proportionate reduction in the disposal requirements.
Karnataka
Concession is granted in terms of achieving the prescribed norms by a judicial officer only
for medical leave of more than twenty days or maternity leave.
Tamil Nadu
Concession is granted when the officer has actually worked for less number of days than the
designated number of working days. The required norm for such an officer is reduced on a
proportionate basis.
Chhattisgarh
Leave taken by an officer on the following grounds is taken into account while determining
the number of working days applicable to a judicial officer;
1. Leave taken on the ground of serious ailment of himself, spouse or children.
2. Leave taken on the ground of sudden demise of family members (mother, father,
brother, sister, husband, wife, son and daughter)
3. Number of days spent in the training/workshop which is held in the working days.
4. Leave taken for marriage of self, brother, sister, son and daughter.
5.
Madhya Pradesh
Leave taken by an officer on the following grounds is taken into account while determining
the number of working days applicable to a judicial officer;
1. Leave taken on the ground of serious ailment of himself, spouse or children.
2. Leave taken on the ground of sudden demise of family members (mother, father,
brother, sister, husband, wife, son and daughter)
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Maharashtra
Calculation of norms is made only in relation to the actual working days of a judicial officer.
Thus, any leave availed by an officer is taken into account for a proportionate reduction in the
disposal requirements.
Gujarat
There is no express provision for any kind of concession to be granted for leave availed by a
judicial officer in any of the official policies shared with us.
New Delhi
4 units are added to the total number of units earned by a judicial officer for each day that he
is on leave. This concession is at the same ratio which is adopted when the required units in a
quarter are reduced by 4 units a day when the number of working days in the quarter is less
than 70.
Uttar Pradesh
In calculating the working days of a judicial officer, all days on which the officer is casual
and earned leave is excluded.
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In majority of the States, there is no express or official relaxation of norms for newly
recruited judicial officers. They are expected to achieve the same quantitative benchmark as
the rest of the officers. Only four States (Chhattisgarh, Madhya Pradesh, Maharashtra and
Gujarat) have made clear rules under which concession is granted to newly recruited officers
for a certain period of time.
Best Practice
The best practice in this respect can be seen in Gujarat, Chhattisgarh and Madhya Pradesh. In
these States, concession is granted to newly recruited officers in the cadre of both entry level
and District Judges.
Chhattisgarh
For the first two years of joining office, the criteria for newly appointed judicial officers in
Higher Judicial Service is one unit less for each category. For the first two years of joining
office, the criteria for newly appointed judicial officers in Lower Judicial Service is 1.5 units
less for each category.
Madhya Pradesh
For the first two years of service, the criteria for newly recruited officers in the Higher
Judicial Service is 1 unit less in each category of the rating scale. For the first two years of
service, the criteria for newly recruited officers in the cadre of Civil Judges/Judicial
Magistrates is 1.5 unit less in each category of the rating scale.
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Maharashtra
Concession is granted to newly recruited Civil Judges (Junior Division) and Judicial
Magistrates First Class. Till the completion of their training and for the first 4 months
thereafter, no calculation is made of their disposals. For the next 8 months, their norms are
calculated by considering ½ days out of the total effective working days. For the 4 months
thereafter, their norms are calculated with 2/3 days out of the total effective working days.
Gujarat
The norms for a District Judge in the first year of his appointment are calculated as 2/3rd of
the prescribed norms. In case of Civil Judges and Judicial Magistrates the norms during the
1st year of probation and the 2nd year of service is calculated as 50% and 2/3rd of the
prescribed norms. For the first two months of being appointed, the work of Civil Judges and
Judicial Magistrates is not calculated.
In light of the wide range of differences, it becomes very difficult to compare the quantitative
workload of judicial officers in different States. Firstly, there is a great deal of difference in
the categories of judges for whom Norms have been specified. While, in Tamil Nadu, Norms
have been specified separately for 45 categories of judicial officers, it has been specified
separately for 5 categories of officers in Assam.
Secondly, there are differences in the quantitative benchmark which has been prescribed.
Thirdly, there are differences in the rating scale adopted by different States. While some
States have a 4 point rating scale, some have a 6 point rating scale and some States do not
have any rating scale apart from the requirement of achieving a minimum quantitative
benchmark.
Fourthly, the numbers of working days for which the quantitative benchmarks are assessed
also vary. The expected number of working days in a year is 220 in Chhattisgarh and Madhya
Pradesh, 240 in Odisha, 252 in Assam and 288 in Gujarat. The quantitative benchmarks are
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relaxed in Assam and Gujarat if the number of scheduled working days in a year falls below
252 or 288. In Chhattisgarh and Madhya Pradesh, there is no relaxation if the scheduled
working days are below 220 but there is relaxation for judicial officers who avail certain
categories of leave. In Odisha, no relaxation of any kind exists and a judicial officer is
expected to show output equivalent to 240 working days regardless of the scheduled number
of workings days and any leave availed. In West Bengal, Manipur and Maharashtra, there is
no fixed number of working days on the basis of which the quantitative benchmark of a
judicial officer is assessed. In these three States, the assessment is done on the basis of the
actual number of days for which a judicial officer has worked.
Fifthly, the rules regarding relaxation of Norms vary significantly. While the quantitative
benchmark of a judicial officer in Manipur, Maharashtra and West Bengal will be
proportionately reduced for the days that he has availed leave, a judicial officer in Odisha will
not be entitled to the same.
Sixthly, the manners in which the administrative responsibilities of judicial officers will be
adjusted as quantitative weightage are significantly different. In Maharashtra a District Judge
would get weightage of a specified number of days. No additional weightage is provided for
inspection of court etc. In Chhattisgarh and Madhya Pradesh, apart from the weightage of
units that a District Judge would get, he would also be entitled to specific number of units for
each inspection.
Seventhly, the list of entries for which quantitative weightage has been prescribed varies
substantially. In Gujarat, after removing redundant entries, quantitative weightage has been
prescribed for 289 entries. The corresponding number for Odisha is 74. This means that some
cases have been expressly given quantitative weightage in some States and not in others.
While quantitative weightage has been prescribed for insolvency petitions in Gujarat and
Maharashtra, no such mention has been made in the list of entries in Chhattisgarh and Assam.
Proceedings under Section 125 of Cr.PC are mentioned in the list of entries in both New
Delhi and Chhattisgarh. However, in Chhattisgarh separate units are awarded for contested
and uncontested maintenance proceedings and no such distinction has been maintained in
New Delhi.
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Tenthly, the scheme of incentive weightage also differs greatly. In Maharashtra, additional
credit is granted for disposal of multiple matters by a common judgement. On the other hand,
in West Bengal, it has been expressly provided that analogous suits disposed of by a common
judgement will be treated as one disposal of suit. In Chhattisgarh, additional units are
awarded for disposing civil cases involving senior citizens. In New Delhi and Assam,
additional units are awarded in particular categories of cases when the number of disposals in
the specified category crosses prescribed threshold.
On point number eleven is the disparity of weightage attached to disposal of old cases. In
Gujarat, extra weightage is awarded to old cases ranging from 1 year old to 10 years old. In
Tamil Nadu, extra weightage is awarded for old cases ranging from 7 years old to 15 years
old.
The range of differences outlined above means that it becomes quite problematic to
meaningfully compare the disparity, if any, in the quantitative workload of judicial officers in
different States. Thus, while conducting a comparative assessment, certain prescriptions in
the Norms have been deliberately ignored while calculating the case load and focus has been
on building a comparative foundation of certain points of similarities among different States.
Particularly difficult to reconcile is the differences in the additional conditions regarding
quantitative benchmark due to the substantial disparity in the list of entries with quantitative
weightage and the list of various categories of judges in the different States. It is extremely
problematic to find the same entry for the same category of judge in multiple States with
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similar rating scale, similar policies regarding administrative responsibilities, concession for
leave, incentive weightage, proportionality of disposal and disposal of old cases.
The combination of entries through which quantitative benchmark has been calculated is
based on the policies on proportionate disposal and the commonality of entries among the
States under comparison.
The following figure illustrates the manner in which a judicial officer in the cadre of District
and Sessions Judge in Odisha, Tamil Nadu and Karnataka (not being Principal District Judge)
can achieve the prescribed yearly benchmark. In this case, the judge in Karnataka needs to
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ensure that at least 25% of the cases disposed of by him were the oldest cases in his file. This
figure assumes that the judge is handling both civil and criminal matters and thus existing
policies on proportionate disposal have been applied.
Annual Assessment of District and Sessions Judges (other than Principal District
Judges)
100 90
90
80
69
70 60
60
50 46
40 Sessions Cases
40 30 Original Suit
30
20
10
0
Tamil Nadu Karnataka Odisha
If we analyse the benchmark for Principal District Judges, the workload for judges in Tamil
Nadu will be reduced as judges having substantial administrative responsibilities have been
systematically given a more relaxed benchmark.
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Table 40-Comparative Ratings Scale of Assam, New Delhi, Chhattisgarh and Madhya
Pradesh
Thus a Good rating in New Delhi and Assam is equivalent to an Average rating in
Chhattisgarh and Madhya Pradesh.
In this comparative assessment, attempt has been made to ascertain the amount of workload a
judicial officer needs to achieve in order to be awarded the highest rating in these States and
in order to avoid the lowest rating in these States. Thus, we are looking at the comparative
workload of judicial officers (in the cadres of District Judges/Higher Judicial Service) to be
awarded ‘Good (Assam, New Delhi) and Average (Chhattisgarh, Madhya Pradesh)’ and
‘Outstanding (Assam, New Delhi) and Very Good (Chhattisgarh and Madhya Pradesh).
The following is the standard number of units which are necessary in the 4 states for a rating
of Average/Good and for a rating of Very Good/Outstanding;
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1800
1650
1600 1524
1400
1204
1200 1140 1210 1240
1000 990
800
800 Units for Average/Good
600
Units for Very
400 Good/Outstanding
200
0
Assam
New Delhi
Chhattisgarh
Madhya
Pradesh
Figure 15 Standard Rating Scale in New Delhi, Assam, Chhattisgarh and Madhya
Pradesh
These figures change when we take into account the additional weightage/relaxation that is
available. As the extra weightage in Chhattisgarh, Madhya Pradesh and Assam is dependent
on the number of courts under the judgeship of a District Judge, a hypothetical figure of 25
districts under the judgeship of all the judges has been assumed and applicable quantitative
quant
weightage has been adjusted. The Norms in New Delhi have been relaxed by 50% as
prescribed.
The following is the adjusted number of units which are necessary in the 4 states for a rating
of Average/Good and for a rating of Very Good/Outstanding;
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1400 1290
1240
1200
1004
1000
850
762
800 690 Units for Average/Good
600 570
600
Units for Very
Good/Outstanding
400
200
0
Assam New Delhi Chhattisgarh Madhya
Pradesh
Figure 16 Adjusted Rating Scale in New Delhi, Assam, Chhattisgarh and Madhya
Pradesh
The workload of the officers has been assessed in the following categories of entries which
are common across the official Norms of all the 4 States;
St
1. Sessions Trial-A
2. Sessions Trial-B
3. Criminal Revision
4. POTA Cases
5. NDPS Cases
6. Election Petition
7. Civil Appeal
Sessions Trial-A
A refers to the trial of more serious offences. However, it needs to be noted
that the listings under this heading differ from State to State. While the list includes Murder
and Culpable Homicide in all the 4 states, there is variation in terms
terms of the other offences
included in this category. In New Delhi, this category includes cases under 498A, 304B and
364A of IPC and also cases under TADA, POTA and MCOCA. The list in Assam is mostly
same with New Delhi with cases under NDPS substituting the
the cases under MCOCA and the
addition of cases under section 121 of IPC In New Delhi, NDPS cases has been included in
another category which is titled here as Sessions Trial-B.
Trial
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In Chhattisgarh, Sessions Trial-A includes cases on Murder, Culpable Homicide and Dacoity.
In Madhya Pradesh, this category includes Murder, Culpable Homicide, Dowry Death,
Dacoity and other cases where Section 149 (IPC) is involved. In both Chhattisgarh and
Madhya Pradesh, POTA and NDPS cases have been listed separately with separate allocation
of units.
This means that a trial of Dowry Death will be under the heading of Sessions Trial-A of all
States apart from Chhattisgarh. A case under 498-A of IPC will be in category A of Assam
and New Delhi and under category B of Chhattisgarh and Madhya Pradesh.
The distribution betwen civil and criminal cases has been kept equal after complying with the
existing policies regarding proportionality of disposal. Mostly, the disposal benchmark has
been assessed by taking into account one category of civil and criminal case.
10
0
Assam New Delhi Chhattisgarh Madhya Pradesh
If we consider cases of 498-A of IPC and Election Petition, the judicial officers in the 4
States would be able to avoid the lowest rating and get a rating of Average/Good with the
following figures of disposal;
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60
50 50
50
40 42
40 36 36
32
28
30 498-A IPC
20 Election Petition
10
0
Assam New Delhi Chhattisgarh Madhya Pradesh
If we consider cases of Culpable Homicide and Election Petition, the judicial officers in the 4
States would be able to get the highest rating and get a rating of Very Good/Outstanding with
the following figures of disposal;
90 84
80
70 66 65
60 62
60
50 43
40 Culpable Homicide
40 35
30 Election Petition
20
10
0
Assam New Delhi Chhattisgarh Madhya Pradesh
If we consider cases of 498-A of IPC and Election Petition, the judicial officers in the 4
States would be able to get the highest rating and get a rating of Very Good/Outstanding with
the following figures of disposal;
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90 84
80
70 66 65
60 62
60 54 52
50
40 498-A IPC
40
30 Election Petition
20
10
0
Assam New Delhi Chhattisgarh Madhya Pradesh
The numbers in Chhattisgarh and Madhya Pradesh have changed in the tables dealing with
498-A (IPC) only because of the heading under which 498-A has been listed carries lower
units than the one for Culpable Homicide. In New Delhi and Assam, both the offences have
been listed under the same heading. The difference is most stark in case of Madhya Pradesh.
The differece in the number of units for 498-A and Culpable Homicide in Chhattisgarh is 3
and the corresponding figure in Madhya Pradesh is 6.
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If we consider cases under POTA and Civil Appeals, the judicial officers in the 4 States
would be able to get the highest rating of Very Good/Outstanding with the following figures
of disposal;
200
172
100 84 POTA
60
Civil Appeal
50 40
26 25
0
Assam New Delhi Chhattisgarh Madhya Pradesh
In POTA cases, the numbers in New Delhi and Assam remain the same as they were in cases
of Culpable Homicide. The numbers in Chhattisgarh and Madhya Pradesh change drastically
because of the fact that while Culpable Homicide cases carry 12 and 18 units, cases under
POTA carry 25 units per case in both the States. Civil appeals in New Delhi carry 2 units per
case for the first 30 cases in a quarter and 3 units thereafter. In Assam, a civil appeal carries 6
units. It carries 5 units in Chhattisgarh and Madhya Pradesh.
If we consider cases under NDPS and Civil Appeals, the judicial officers in the 4 States
would be able to avoid the lowest rating and get a rating of Average/Good with the following
figures of disposal;
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160
136
140
120
100 84
80 72
NDPS
60 50 43
40 36 33 Civil Appeal
40
20
0
Assam New Delhi Chhattisgarh Madhya Pradesh
100 84 NDPS
60 65 62
44 Civil Appeal
50
0
Assam New Delhi Chhattisgarh Madhya Pradesh
The numbers for NDPS in Chhattisgarh remain the same as they were for POTA cases and
case of Culpable Homicide. The numbers in New Delhi change because of the fact that NDPS
cases do not carry the same units as Culpable Homicide/POTA cases. The numbers in
Chhattisgarh and Madhya Pradesh vary from both Culpable Homicide and POTA cases as
NDPS cases are listed separately and carry 10 units.
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Culpable Homicide, 498-A, Criminal Revision, POTA, NDPS Civial Appeals and
Election Petition
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100 96
Culpable Homicide
80 76
498-A
63 62
Criminal Revision
60
51
POTA
45 44
4242
NDPS
40 32 33 31
Civil Appeal
20 Election Petition
1313 1313 11 13 13
89 8 9 11 7
11
5 5
0
Assam New Delhi Chhattisgarh Madhya Pradesh
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The most usual method by which performance of judicial officers is evaluated periodically is
through Annual Confidential Reports. It forms an important part in the promotion criteria in
all the States and provides the most regular assessment of the performance of judicial
officers. We have analyzed the ACR Proforma of all the States (this analysis does not cover
the State of West Bengal as the ACR proforma in West Bengal was not shared with us) from
three primary perspectives;
1. Structure of the ACR Proforma
2. Contents of the ACR Proforma
3. Gradation Scheme in ACR Proforma
The ACR proforma of different states is based on a similar structure. It usually consists of
four parts where the first and second part of the ACR has to be filled up by the judicial officer
reported upon, the third part has to be filled up by the Reporting authority and the fourth part
has to be filled up by the Reviewing authority. All the ACRs in the initial parts of the deal
with the questions related to the basic information of the officer like his name, designation/
post held, description of his duties, his present description of his official post held, the
number of working days in that year both on judicial and administrative side, queries on the
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casual leave, maternity leave, earned leave or any other leave taken (in Manipur ACR
proforma), the duties related to the attending of seminars, conferences, trainings, date of entry
in service, probation time, marital status, cadre and year of allotment, date of birth, present
post, date of appointment to the present grade, period of absence from the duty, date of filing
annual property returns, the targets and objectives , the quantitative work/ disposal done in
that year, kinds of cases assigned to the officer, performance in implementation of Legal Aid
programme and Lok Adalats, supervision, control and maintenance of the records etc.
The report filled up by the Reporting Authority usually forms the crux of the performance
assessment of a judicial officer. The Reviewing Authority generally supervises if the
Reporting Authority is doing his work properly or not in terms of assessing the subordinate
judicial officers.
Assam
The Annual Confidential Report of the judicial officers in Assam is divided into four parts
viz. Part I, Part II, Part III and Part IV. One of its distinct inclusions in the ACR is that before
Part I of the ACR, the officer reported upon has to fill up the yearly calendar where the
officer is supposed to fill the number of casual leaves he has taken, the number of restricted
holidays, the earned leave, maternity leave (if applicable), commuted leave on medical
ground, extra ordinary leave taken without pay. Also the officer is supposed to fill up the
number of days he has spent on training, seminars and conferences in this initial section.
Part I of the ACR contains fourteen questions on the personal data of the officer which has to
be filled up by the officer. This part contains questions relating to description of his duties,
present description of his official post held, the number of working days in that year both on
judicial and administrative side. The second section of this part deals with the other data that
the officer is supposed to provide regarding his judgments delivered, whether if any adverse
remarks have been passed by any revisional and appellate authorities, the ‘daily work done’
statement, the quantitative target etc. This part also contains two forms in tabular formats.
Form A pertains to the judicial work done by the officer and Form B deals with the
administrative work done by the officer which categorically includes legal aid and assistance
work, participation in Lok Adalats, conducting training and awareness programmes,
compensation allowed and visit to jails and correctional institutions. Part II has to be filled in
by the Reviewing authority and also includes the report of the Registrar (Vigilance). Part III
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containing three questions in total deals with the subjective evaluation of the reviewing
authority with regard to grading, general assessment and subjective satisfaction of the
Reviewing authority over the report submitted by the officer reported upon. Part IV of the
ACR containing five questions is to be filled up by the Accepting Authority and basically
delves upon promotional aspects as to whether the officer is fit to be promoted to a higher
grade or not.
Part II of the ACR proforma deals with the opinion given by the immediate superior authority
of the officer reported upon. This part is divided into 16 questions dealing with the integrity
aspects, state of health, the daily work done by the officer, the performance of the officer,
special achievements if any, disposal of pending cases, the general assessment etc. The
Assessment given by the Reporting officer under question number 8 is again further divided
into 5 Groups. Group A deals with the questions on workload management and basic
temperament of the judicial officer, by querying on the punctuality in attending and leaving
the Court/Office, control over the court proceedings, relationship with the Bar and other
officers and the capacity to motivate, to obtain willing support by his/her own conduct and
inspire confidence in the subordinate staff. Group B deals with issues such as quality of
judgment, timeliness is delivering judgements and fluency. Group C deals with the ability to
manage the workload in an efficient manner by seeking explanation on the disposal of cases
vis-à-vis the pendency of the cases. Group D deals with special marks and the lastly Group E
(meant for fulltime Secretaries of Legal Services Authority as a substitute for questions in
Group-B and Group-C) deals with the legal service involvement and contribution of the
judicial officer which includes legal aid and assistance, implementing innovative work or
scheme, conduction of Lok Adalats, training and awareness programmes, compensations
provided to the victims and institutional visits.
Manipur
The ACR proforma of Judicial officers for the state of Manipur starts with the yearly calendar
which queries on the casual leave, maternity leave, earned leave or any other leave taken. The
duties related to the attending of seminars, conferences, trainings etc. are to be filled in by the
judicial officer reported upon. Whether the court work was paralyzed due to strike, bandh or
full suspension of court work on account of death, the total number of Government holidays
(restricted holidays, notified holidays and long vacation) and working days( both civil and
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criminal) have to be filled in by the judicial officer reported upon in the initial part of the
proforma. The personal data part contains fourteen questions and a table which has seventy-
eight entries to be filled with regard to the judicial work done by the judicial officer. The next
part of the proforma deals with the report of the Vigilance Registrar where categorically the
report deals with the disposal of cases and whether any disciplinary proceedings are pending
against the officer.
The administrative work done by the judicial officer and the review given by the immediate
superior authority is dealt in the next part of the ACR proforma. It contains fifteen questions
divided under four groups. Group A deals with questions on overall workload management
and temperament of the judicial officer. Punctuality in attending and leaving the
Court/Office, control over the court proceedings, relationship with the Bar and other officers
and the capacity to motivate, to obtain willing support by his/her own conduct and inspire
confidence in the subordinate staff and the administrative control over the work entrusted to
the officer is dealt with in this group. Group B deals with questions such as
regularity/promptness in delivering judgments, aspects of brevity and legal as well as factual
reasoning. Group C deals with disposal of cases and Group D deals with questions on
special achievements in the fields of legal aid, mediation, conciliation, integrity, state of
health and overall assessment of the Judicial officer.
Odisha
Annual Confidential Report for Judicial officers in Odisha is termed as “Confidential
Character Roll (CCR)” and it consists of six parts viz. Part I, II, III, IV, V and VI. Part I of
the form is filled up by the judicial officers reported upon. Part II is filled up by the Chief
Judicial Magistrates. Part III of the CCR is filled up by the Hon’ble Chief Justice and the
Registrars in case of officers working in the Registry of the High Court. Part IV of the form is
to be filled up by Judge-in –Charge of the District in case of officers belonging to the cadre of
O.S.J.S (Sr. Br.) except the Registrars of the High Court by the District Judges in case of
officers below the cadre of O.S.J.S (Sr. Br.) working under them / officers of the rank of
O.S.J.S( Senior Branch) competent to write the CCR on deputation to Government in case of
officers discharging judicial work. Part V of the CCR deals with the remarks of the Judges-
in-Charge of the District in case of officers other than those belonging to the cadre of O.S.J.S
(Senior Branch). Part VI of the proforma delves into the remarks of the Standing Committee
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and the Full Court in case of officers other than those belonging to the cadre of O.S.J.S
(Senior Branch). Part III containing eight questions seeks report on the state of health, special
personality traits, report on the officer’s qualities, report on the officer’s abilities, report on
knowledge and performances, aptitude, potential and integrity aspects.
Part II and IV of the CCR deal with the report given by the immediate superior officers on the
subordinate officers. Part II contains four questions dealing on the quantity and quality of
work, integrity aspect and the general information about the officer. Part IV contains eleven
questions dealing with the conduct of business in the office, quality of
judgement/order/award, capacity to motivate and to inspire confidence in subordinate staff,
personal relation with others members of the Bar, public, subordinate staff, state of health,
integrity aspects, promptness in pronouncing judgments, disposal of cases, punctuality and
regularity and proper discussion of law and facts in the judgements pronounced.
Karnataka
Annual Confidential Report (ACR) for the state of Karnataka is divided into two parts – Part
A and Part B. Part A has to be filled up by the judicial officer reported upon and Part B has to
be filled by his/her immediate superior. Part A of the ACR consists of four questions where
the queries are on the personal data of the judicial officer like name, designation, number of
working days in the year, number of days during which the judicial officer works, the total
number of leave taken (Earned leave/Commuted leave), the description of monthly work
done by the officer etc.
Part B of the form containing twenty-five questions specifically queries on the quality of
judgment or order given by the officer, his basic interactive capabilities with the members of
the Bar, his/her superiors officers and subordinate staff, the reasoning and clarity aspect,
industrious attitude, promptness in dealing with matters, reputation as to honesty, integrity
and impartiality. An overall view of the officer also finds place in the ACR and special
remarks also need to be given by the immediate superior. Dealing with various ambit of
judicial management, it has to be noted that the indications against each query present in Part
B of the ACR has to be indicated under five types of grading rather than marks which is an
exception when it is compared with the ACR proforma of other states.
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Tamil Nadu
The ACR for judicial officers in the state of Tamil Nadu is in the Form B of the proforma.
Containing twenty five questions in totality, this Form of the ACR proforma includes
indicators like quality of judgement, language, narration, clarity in thought, reasoning,
knowledge of law and procedure, promptness in disposal of current and old cases,
industrious, aptitude for hard work, readiness to take up responsibility, supervision and
control on subordinate judges and on office staff, attitude towards superiors, subordinates and
colleagues, judicial officer’s dignity inside and outside the court, his/her reputation as to
honesty, integrity and impartiality etc.
Chhattisgarh
The confidential report for Judicial Officers in Chhattisgarh is divided into six parts- Part I,II,
III, IV, V and VI. Parts I and II pertains to the personal data of the judicial officer and asks
about the baseline information about the officer reported upon. It includes the name of the
officer, cadre and year of allotment, date of birth, present post, date of appointment to the
present grade, period of absence from the duty, date of filing annual property returns, the
targets and objectives , the quantitative work/ disposal done in that year, kinds of cases
assigned to the officer, performance in implementation of Legal Aid programme and Lok
Adalats, supervision, control and maintenance of the records etc.
Part III and IV contain thirteen questions in total and are to be considered for the purpose of
the study. It includes indicators like the nature and quality of work, quality of output,
knowledge of the sphere of work, leadership and management qualities, interpersonal
relations and team work, relations with the staff and Bar, communication skills, state of
health, integrity, the overall assessment in terms of his/ her strength and shortcomings,
pendency of enquiry and departmental proceedings pending against the officer, if any.
Part V is the remarks given by the reviewing authority and is subjective in its queries while
Part VI of the ACR proforma deals with the remarks given by the reviewing authority.
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Madhya Pradesh
The proforma for recording Annual Confidential Report of Judicial Officers in the state of
Madhya Pradesh has been divided into three parts – Part I, Part II and Part III. Part I of the
form deals with the confidential report of the judicial officer and has to be filled up by the
officers reported upon. It has inscribed in itself twelve questions on the personal data of the
officer and also a table which deals about the statement showing the net disposal of the cases.
The number of disposed off cases whether contested or non-contested, the total number of
pending cases etc. are dealt under this tabular format of Part I of the proforma.
Part II is to be filled by the Portfolio judge in the case of a District Judge and by the District
Judge in case of other Judicial Officers. It contains eight questions and a Grading section.
The questions that are dealt under this part are regarding the quality of work, the quality of
judgement, quantity of work that a judicial officer has done, capacity of management,
leadership, initiative, planning and decision making, inert-personal relationship, state of
health, integrity and a general assessment of the officer with reference to his/her judicial as
well as administrative work and ability, reputation and character, the strengths and
weaknesses etc.
Part III of the ACR is the remark of the Portfolio Judge where the queries are divided into
four and the questions basically deal with the brevity aspect of the District Judge, his fluency
in making conversations and art of writing judgments in English.
Maharashtra
The Annual Confidential Report (ACR) of Judicial officers in Maharashtra has been
prescribed under five forms viz. Forms A to E for the following cadre of judges;
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4. Judicial Officers in the Registry and other departments holding only Administrative
Posts.
Each Form has three parts- Part I, Part II and Part III. Part I has been subdivided into Part IA
and Part IB. Part IA deals with the bio-data of the judicial officer. Basically it contains
information such as the name, date of birth, date of entry in service, probation time and
marital status. Part IB deals with the queries of extended information on the officer to be
reported upon and is to be filled up by him/her only. This part contains questions dealing with
the educational qualifications of the officer, his/her home town, place of practice, present
posting and date from which posted, the date of his last promotion and special features of the
duties. Part II of the Form A to D is the feedback and self-appraisal form which has to be
again filled up by the officer reported.
Part III is filled by the reporting authority and deals with disposal of cases, the behavior of
the judicial officer with the colleagues, superiors, staff, members of the Bar, litigants, public,
employees of other departments, the punctuality aspect, behavior of the judicial officer
outside the court, the reputation aspect on his integrity , impartiality and character, remarks
about his administrative work which also includes supervision and control over the staff, the
physical verification of the cases, expedition in correspondence and in complying writs and
orders of the superior courts, the judicial ability of the officer with regard to his knowledge of
law and procedure, his capacity to marshal and appreciate evidence, reasoning, clarity,
precision, language and lucidity.
Gujarat
The Annual Confidential Report for the state of Gujarat is systematically different from that
of other states. The ACR proforma has been divided into four forms – Form1, Form 2, Form
3 and Form 4. The District and Sessions Judges have to submit four reports on the judicial
officers on probation. After the probation period is completed, the report is submitted in the
Annexure G4 format as prescribed under the High Court Circulars.
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Form 1
This is the first report that has to be submitted by the District and Sessions Judges at the end
of six months from the date of appointment of the judicial officer. This part contains
seventeen questions pertaining to the name of the officer, the period for which the report has
been made, the period for which the civil Judge has watched the proceedings in Civil and
Criminal Courts, whether the judicial officer has properly taken down the notes of the cases
attended by him/her, opinion of the district Judge on the notes taken down, the knowledge of
the judicial officer and whether he has read the civil and criminal manuals, the satisfaction of
the District Judge on the Civil Judge as to whether he has acquired sufficient knowledge of
the instructions contained in the Manuals, the interest taken by the judicial officer and
familiarizing himself with the administrative/accounts and office work etc. Basically, there
are queries in this particular section regarding his involvement in the judicial work. This part
does not include any grading system nor does it have quantitative yardsticks to measure the
same.
Form 2
This is the second report in the proforma and has to be submitted by the District and Sessions
Judge on the completion of nine months from the date of appointment of the Civil Judge or at
the time of transfer, whichever is earlier. This part contains fifteen questions pertaining to the
basic information like the name of the officer and the period for which the work was under
observation, and more specific questions on the ability, initiative grasp, drive resourcefulness,
knowledge of law and procedure, willingness to acquire knowledge on law and procedure,
quality of judgments, judicial qualities, administrative capacity, knowledge of administrative
work and office routine, knowledge of civil and criminal manual and accounts code, disposal
of cases, punctuality and diligence, integrity, character , conduct, attitude towards Bar and
public, etc. of the judicial officer reported upon.
No quantitative yardsticks or no grading systems are assigned in this part like Form 1 to
quantify the information of the judicial officer.
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Form 3
This part of the ACR proforma is used by the District Judge to submit report on the Civil
Judge who has completed 15 months (Form III) of probation successfully and the same
proforma is used when the Civil Judge completes 21 months (Form IV) of successful
probation. The questions in both the forms same but as a mandate, two reports have to be
submitted on the completion of 15 and 21 months respectively (same proforma has to be used
for both the reports). This part contains twenty-eight questions pertaining to the basic
information and some in-depth information as well. Questions pertaining to integrity,
personality, state of health, initiative, tactfulness, diligence and industry, politeness and
courtesy, relationship with colleagues, maintaining judicial aloofness, ability, initiative grasp,
drive resourcefulness, knowledge of law and procedure, willingness to acquire knowledge of
law and procedure, quality of judgments, judicial qualities, administrative capacity,
knowledge of administrative work and office routine, knowledge of civil and criminal manual
and accounts code, disposal of cases, punctuality and diligence, integrity, character , conduct,
attitude towards Bar and public, etc. are questioned upon. Like the other annexure, this part
of the proforma does not give quantitative yardsticks nor adopts grading system for
quantifying information.
Form 4
The Annual Confidential Report in respect of the Civil Judges who have successfully
completed their probation for the state of Gujarat is divided into four parts and is in Form IV
of the Annexure G4 of the proforma. Parts I and II of the form specifically deal with the
personal information of the judicial officer and has to be filled up by the officer concerned.
Particular entries on name, designation, present station, date of birth, period of absence from
duty on account of leave or training, date of filing the annual property return, handling of old
matters in order of seniority, overall disposal of cases, disposal of heavily contested matters,
punctuality and regularity, recording of evidence, overruling of objections, application of
principles of evidence, discussion of law and facts in the judgments and orders, capacity to
understand, discern and apply ratio of decisions of the Supreme and High Court, and
knowledge of basic principles of account keeping etc. Part IV contains submissions by the
Reviewing authority.
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Head I of the part has 35 marks allotted to it and the submissions would be quantitative but it
does not have specific indicators as to how these marks have to be allocated. Head II
containing 6 parts has quantitative indicators from Part 1 to 5 but Part 6 is subjective in
nature and the grading format is adopted.
Part III of the proforma concerns the subject matter of the study because it is filled by the
reporting authority and consists of twenty seven questions. This part of the proforma is
divided into two heads: Head I and Head II. Head I deals with the comments on the previous
parts of the proforma and the reporting authority has to specifically agree or disagree on the
responses given by the officer himself. Head II is divided into six parts: Part 1, 2, 3, 4, 5 and
6. Part 1 deals with the Character related queries like the officers integrity, judicial aloofness,
mixing with his company etc. Part 2 deals with questions on personal characteristics and
queries on the personality, state of health, general knowledge, clarity of thought and
expression, initiatives, tactfulness, diligence, politeness, courtesy and relationship with
colleagues. Part 3 deals with administrative capabilities, control over the staff, knowledge of
the administrative rules, interest in office work, treatment of the members of the staff,
treatment of the members of the Bar, performance as a Master Trainer or ICT trainer, his/her
interest in Legal services and mediation etc. Part 4 deals with the knowledge of law that
whether he/she has sufficient understanding and grounding in law, his reading habits and
his/her art of keeping abreast with the recent case laws etc. Part 5 deals with method of
writing judgment, discussion and appreciation of evidence, language, presentation and
precision in writing the same.
Part 6 of Head II deals with the reporting officer’s overall assessment and grading of the
Judge reported upon and is divided under five heads : Outstanding, Very Good, Good, Fair
and Poor. This part also deals with whether the officer is fit for promotion or not.
New Delhi
The ACR proforma for the Delhi High Court is divided into four parts – Part I, II, III and IV.
Part I deals with the personal data of the judicial officer and contains eight questions
querying on the name, date of birth, date of continuous appointment to present grade, present
posting and the date from which posted, period of absence from duty, special features of his
duty and the date of filing the Annual Property return. Part II of the ACR contains ten
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questions dealing with the extended personal data of the judicial officer like academics and
professional achievements during the year, any articles/books published, attendance in
seminars/conferences/ training programmes, steps taken to dispose of pending cases which
are more than 7 years old, steps taken to dispose of cases of persons who are more than 65
years of age etc.
Part III of the ACR which is the remarks of the Inspecting judges or the report of the
immediate superior officer is to be considered for the purpose of the study. It contains ten
questions in total delving onto the knowledge of law, impression during inspection that is
how the officer conducts his court, his behavior, clarity, precision, ability of writing and
dictating judgments properly, areas in which counselled during inspection, grading of
judgements, efficiency, judicial reputation aspects in totality. Remarks of the Full Court are
dealt with in Part IV of the ACR.
Uttar Pradesh
The confidential report of the judicial officers in Uttar Pradesh is titled as “Annual
Confidential Remarks”. It contains twenty-six questions in total. It is a single-fractioned ACR
proforma where it starts with the name of the officer, the length of his service, post held
during the year under report. The reporting authority on the judicial officer has to prepare the
report upon the questions in the ACR which includes in its first place the remarks of the
District Judge regarding the integrity of the officer, the impartiality and fairness of the
judicial office, the composure and temperament of the officer, the aspect of his private
character, control over his judicial responsibilities like proper fixation of cause list, avoidance
of unnecessary judgements, disposal of old cases, granting/refusal/retaining of interim orders
or injunctions for justified and sufficient reasons and number of cases remanded on
substantial grounds. Marshalling of facts, appreciation of evidence, application of law while
delivering and writing judgment also form a basic query in the ACR. The temperament and
the ability to manage workload efficiently is determined in the ACR by the questions asked
on the relations the officer shares with the members of the Bar, behavior with the brother
officers, the officers’ amenability to the advice of the District Judge and other superior
officers, his behavior towards women, the respect and sensibility exhibited towards them (
query on respect to women was inserted in 2007), the punctuality and regularity aspect, state
of health and special remarks.
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For analyzing the contents of the ACR Proforma, the focus is only on that part of the ACR
Proforma in each State which is filled by the immediate superior of the judicial officer whose
performance is being assessed. The part of the ACR Proforma which is filled up by the
reporting officer usually represents the most substantial and direct assessment of the
performance of a judicial officers. The Reviewing/Accepting authorities in relation to the
ACR Proforma are generally not expected to be directly aware about the overall performance
of a judicial officer. Analysing the content of the ACR Proforma facilitates an understanding
of the various parameters on the basis of which the performance of judicial officers is being
assessed.
After perusing the contents of the ACR Proforma in all the States, the questions in the ACR
Proforma have been distributed into the following broad categories;
These categories reflect the range of parameters on the basis of which the performance of a
judicial officer is assessed. The identification of these categories is based on the scrutiny of
the questions and issues covered in the ACR Proforma of various States.
The first category i.e. “Knowledge of law” encompasses attributes of factual and legal
reasoning of the subject matter concerned, appreciation of facts, application of law, clarity of
conclusion, capacity to marshal, appreciating evidence etc. It includes both the ability to
interpret the law and to apply legal principles to the facts of different cases.
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The second category dealing with the “Character Traits” basically deals with the attributes
of independence and integrity. The various issues and questions in this category deal with the
honesty, impartiality, fairness and other such attributes in judicial officers which are deemed
indispensible for a due discharge of duties.
The third category “Temperament” includes attitudinal and behavioural aspects of the
conduct of judicial officers. It includes issues of courteous dealings and general demeanor of
judicial officers. The relationship with the officers of the Bar, public, staff, relationship with
the litigants, behavior with his colleagues and superiors, behavior outside the court etc. are
included in this category. Questions on temperament of judicial officers included in the ACR
proforma in different states include the attributes of patience, open-mindedness, courtesy,
tact, courage, understanding, compassion, humility etc.
The fourth category deals with the “Communication Skills” of judicial officers. Different
states have different criterion for assessing the succinctness, compendiousness and economy
of language used by the judicial officers whether during interaction or while writing a
judgement. Wherein the ACR proforma in Maharashtra heads it under clarity, precision,
language and lucidity, the ACR proforma of Assam assesses it under the heading of brevity.
Basically this section of the study takes a sweep on the ability of a judicial officer to express
himself/herself clearly and concisely, whether orally or in writing.
The fifth category of “Workload Management” deals with the capacity of a judicial
officer to manage his overall workload, judicial and administrative. Punctuality in attending
and leaving Court or Office, control over court proceedings, timeliness in delivering the
judgments and orders, the ability to dispose of the cases promptly, disposal of the pending
cases, the quantity of work done etc. are the points that are included in different ACR
proforma of different states to assess this categorical exposition.
The sixth and the last category “Others” includes all other miscellaneous and diverse
indicators of attribute assessment of judicial officers those are not included in the
abovementioned five categories. Attributes like general overall assessment of the officer with
reference to his/her judicial, administrative work and ability, strength and shortcomings those
are not included in other parts of the ACR, state of health, contribution to the legal services,
legal aid and assistance, any innovative work or scheme implemented by the judicial officer,
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Best Practice
Assam
The distribution of the contents of ACR Proforma in Assam is as follows;
Assam
7
6
5
4 7
3
2 4
1 2
1 1 1 Assam
0
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Manipur
The distribution of the contents of ACR Proforma in Manipur is as follows;
Manipur
4
3.5
3
2.5
2 4
1.5 3
1 2
0.5 1 1 1 Manipur
0
Odisha
The distribution of the contents of ACR Proforma of Judicial Magistrates in Odisha is as
follows;
Odisha
Odisha-Judicial Magistrates
1
0.9
0.8
0.7
0.6
0.5 1 1 1 1
0.4
0.3
0.2
0.1 Odisha-Judicial
Judicial Magistrate
0 0 0
Figure 29Contents
Contents of ACR in Odisha-1
Odisha
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The distribution of the contents of ACR Proforma of officers in Cadre of O.S.J.S (Sr. Branch)
in Odisha is as follows;
Odisha- OSJS
4
3.5
3
2.5
2 4
1.5 3
1 2 2
0.5 1 Odisha- OSJS
0 0
Figure 30Contents
Contents of ACR in Odisha-2
Odisha
Karnataka
The distribution of the contents of ACR Proforma in Karnataka is as follows;
Karnataka
9
8
7
6
5 9
4
3 5
2 3 3 3
1 2 Karnataka
0
Figure 31Contents
Contents of ACR in Karnataka
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Tamil Nadu
The distribution of the contents of ACR Proforma in Tamil Nadu is as follows;
Tamil Nadu
9
8
7
6
5 9
4
3 5
2 3 3 3
1 2 Tamil Nadu
0
Figure 32Contents
Contents of ACR in Tamil Nadu
Chhattisgarh
The distribution of the contents of ACR Proforma in Chhattisgarh is as follows;
Chhattisgarh
3
2.5
2
1.5 3 3
1 2 2 2
0.5 1
Chhattisgarh
0
Figure 33Contents
Contents of ACR in Chhattisgarh
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Madhya Pradesh
Madhya Pradesh
3
2.5
2
1.5 3 3
1 2
0.5 1 1 1
Madhya Pradesh
0
Figure 34Contents
Contents of ACR in Madhya Pradesh
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Maharashtra
The distribution of the contents of ACR Proforma in Maharashtra is as follows;
The distribution of the contents of ACR Proforma of Principal District Judges in Maharashtra
is as follows;
Maharashtra-1
5
4.5
4
3.5
3
2.5 5
2
1.5 3 3
1
0.5 1 1 1
Maharashtra-1
0
The distribution of the contents of ACR Proforma of District and Sessions Judges and Civil
Judges (Senior and Junior) in Maharashtra is as follows;
Maharashtra-2
6
5
4
3 6
5
2 3
1 1 1 1 Maharashtra-2
0
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Gujarat
Forms 1, 2 and 3 in the ACR proforma of Gujarat deal with the performance assessment of
the judicial officers on probation. Forms 1, 2 and 3 are applicable when the officer has
completed 6 months, 9 months and 15 months in service. The distribution of content in the
ACR proforma as provided in Forms 1, 2 and 3 is as follows;
14
12
12
10
8
8
6
6 5 5 5
4 4 4 Gujarat 1
4 3
Gujarat 2
2 1 1 1 1
0 0 0 0 Gujarat 3
0
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Form
orm 4 in the ACR proforma of Gujarat deals the performance assessment of all other
judicial officers. The distribution of content in the
the ACR proforma as provided in Form 4 is as
follows;
Gujarat 4
8
7
6
5
4 8
3 5
2 4 4 4
1 2 Gujarat 4
0
New Delhi
The distribution of the contents of ACR Proforma in New Delhi is as follows;
New Delhi
3
2.5
2
1.5 3 3
1 2
0.5 1 1 1
New Delhi
0
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Uttar Pradesh
The distribution of the contents of ACR Proforma in Uttar Pradesh is as follows;
Uttar Pradesh
9
8
7
6
5 9
4 7
3 5
2 3
1 2 Uttar Pradesh
1
0
100%
90% 1 1
1 3 5 5 3
80% 4 4 2
6 3 9
70% 7 2
0 1 3 3 1
60% 1 0
6
50% 2 1 1
1 3
5 Workload Management
40% 1 3 3 9 9 2 5
2 5 Communication Skills
30% 2
2 2
20% 1 3 Temperament
1 1 1
10% 1 3 1 3 3 1
2 Character Traits
1 2 6 1
0% 1 3 3
3 3 7 Knowledge of Law
1
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In majority of the States, a rating scheme has been specified for the evaluation of the judicial
officers. After the assessment of the judicial officers on the parameters set forth in the ACR
proforma, they are given a rating such as Good, Average, Outstanding etc. There is variation
in the scale of ratings and also in the description of ratings. For example, while in Assam,
there is a 4 point rating scale, in Manipur there is a 5 point rating scale. Even in States which
have a rating scheme of similar points, there are variations in the description of the ratings. In
Odisha, the 5 point rating scale has ratings of Poor, Average, Good, Very Good and
Outstanding. In Karnataka, the 5 point rating scale has ratings of Unsatisfactory, Satisfactory,
Good, Very Good and Excellent. The nature of this variance is best exemplified by the
following tables;
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Assam has a 4 points rating scale of Average, Good, Very Good and Outstanding. In New
Delhi, no rating scheme has been specified in the ACR but the fifth question of the Part III
speaks about grading of judgments and is divided into four ratings – Below Average,
Average, Good and Very Good.
Best Practice
In terms of the range of the rating scale, the best practice can be seen in Manipur, Odisha,
Chhattisgarh, Karnataka, Tamil Nadu, Gujarat and Uttar Pradesh which have a 5 point rating
scale. A 5 point rating scale provides a reasonable range to categorise the different
performance levels of judicial officers. A 5 point rating scale provides the facility of a Middle
rating of satisfactory performance with two ratings dedicated for below satisfactory
performance and two ratings dedicated to above satisfactory performance which provides an
even distribution of gradations.
i. Quantitative Yardstick
While a rating scheme has been prescribed in each State, there is no quantitative yardstick for
determining the applicability of a rating in most of the States. Only in Assam, Manipur and
Maharashtra, there is a clear demarcation of marks for different criteria of assessment in the
ACR Proforma and the ratings awarded to a judicial officer are based on the cumulative
marks awarded to him/her.
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100% 0
90% 20
80% 5
20 20
70% 20 5 85
60% 20
50% 40
40% 10
30% 10
20% 40 20 50 15 Manipur
10% 4.15
0% 10 20.85
4.15 5 Assam
20.85
5 Maharashtra-2
Maharashtra 1
In Gujarat, marks have been allotted not to specific questions but sub-categories
categories of questions
as outlined in the proforma. Thus, it was not possible to calculate the distribution of the
marks as per the categorisation of questions which was applied for other states. Thus, an
assessment of the self-appraisal
appraisal report of the judicial officer is assessed for 35 marks. There
are 9 questions under the heading of Personality Traits which in total are worth 20 marks.
Similarly, 15 marks are allotted in total for 9 questions listed under the heading of
Administrative Capacity. 15 marks
marks are allotted for the subcategories of Knowledge of Law
and Method of Writing Judgement. It is a remarkable feature in Gujarat that no marks have
been allotted for assessing the sub-category
sub category of ‘Character’ which has 4 questions.
Best Practice
In termss of hierarchical distribution of marks for different categories of questions in the ACR
proforma, the best practice can be seen in Maharashtra. The qualitative assessment of the
legal knowledge of judicial officers has been earmarked with maximum weightage.
weightag In Assam
and Manipur, maximum weightage has been given to question pertaining to workload
management (disposal records, administrative duties etc). While maintaining a reasonable
disposal record should be an obvious priority, it is submitted that a disproportionate
disp
weightage to the quantitative output of judicial officers is more likely to subvert the ends of
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justice. If a judge is delivering greater number of judgements with a weak knowledge of law,
it would mean that a great many people are likely to suffer injustice due to this.
In terms of choosing appropriate questions which should have quantitative measurements, the
better practice can be seen in Assam and Manipur and Gujarat. While it may be desirable to
have a quantitative measurement of all the aspects of performance, it is inevitable that certain
qualities are not capable of being quantitatively measured. Thus, in Assam, Manipur and
Gujarat though there are questions pertaining to the integrity of a judge, the same has not
been attributed any quantitative weightage. There does not seem to be a way by which the
integrity of a judge can be objectively verified and different degrees of integrity awarded
different marks.
Apart from the questions of integrity, it may at times be valid to argue that there cannot be
objective assessment of quantitative measures in relation to certain questions or that even if it
is possible, the same cannot be implemented due to practical or logistical challenges. In such
a situation, it may be preferable not to allot any quantitative weightage to such questions as
the marking is bound to be a product of unguided discretion. In the alternative, the weightage
in relation to such questions should be marginal.
i. Assessment Technique
Even in the States where a quantitative yardstick has been prescribed for different ratings by
specifying the marks to be awarded under different parameters, there is usually no clarity on
the assessment technique to be employed for such parameters. For example, when 5 marks
are to be awarded for the behaviour of a judicial officer towards lawyers, there is no clarity
on what parameters the marks are to be awarded. There are no guidelines on when a judicial
officer will be awarded 4 marks and when 3. There are no guidelines as to how the
judgements of the judicial officers will be evaluated. How many judgements will be
evaluated and of which category? How many marks will be given for legal reasoning? How
many marks for factual narration? How many marks for application of legal principles to a
factual situation? Without clarity on such issues, the process of assessment is likely to be
characterised by a highly individual and subjective disparities.
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In the absence of any institutionalized guidelines on the evaluation parameters, any appraisal
exercise has the possibility of being abused. It would be possible for a superior officer to be
guided by personalized considerations and manipulate the parameters of evaluation as and
when it suits him/her.
Best Practice
Assessment technique has been provided for marking disposal of cases in Maharashtra. It has
been mandated that the marks to be given are linked with the quantitative benchmark earned
by the officer. Thus, an officer gets 5 out of 5 for having earned the highest rating of
‘Excellent’, 2 marks for Very Good, 3 marks for Good and 2 marks for Adequate. These
marks are awarded for disposals achieved in every 4 months.
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For the sake of convenience, the terms ‘civil judges (junior division)’, ‘senior civil judges’
and ‘district judges’ have been used uniformly. Some states use the term ‘civil judges’ to
mean the judicial officers in the cadre of civil judges (junior division) while some states use
the term ‘civil judges (senior division)’ to mean the judicial officers in the cadre of ‘senior
civil judges’. In Assam and Manipur, the term ‘Grade I’ denotes judicial officers in the cadre
of district judges, the term ‘Grade II’ denotes judicial officers in the cadre of senior civil
judges and ‘Grade III’ denotes judicial officers in the cadre of civil judges (junior division).
The focus of this analysis is the promotion schemes prevalent in different states concerning
promotions of judges to different cadres. Promotion in some states from one scale to another
within the same cadre has not been analysed. The promotion schemes are analyzed under the
following broad conceptual headings:
This section deals with the overall schemes of promotion in different states in relation to
different cadres of judicial officers and the breakup of vacancy for promotions of different
kind. For the sake of convenience, the terms ‘regular promotion’, ‘accelerated promotion’
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and ‘direct recruitment’ have been used uniformly. Regular promotion is the promotion
where the judicial officers are promoted based on the principle of ‘merit
‘merit cum seniority’ or
based on the principle of ‘seniority cum merit’. When the judicial officers are promoted
based on the principle of ‘merit’, it is called accelerated promotion. Some states use the term
‘usual promotion’ to mean regular promotion. ‘Direct
‘Direct recruitment’ is the mode of recruitment
where the posts are filled by way of direct appointment and not through in-
in-cadre promotion.
In all the states, the post of civil judges (junior division) is filled by direct recruitment. The
civil judges (junior
or division) are promoted as senior civil judges usually based on the
principle of merit cum seniority (or seniority cum merit) but sometimes, the promotions are
also made on the principle of merit (in Maharashtra). The senior civil judges are promoted as
district judges. Apart from this, the district judges are also directly recruited through a
competitive examination. There are two ways of promotion-
promotion regular promotion (based on the
principle of merit cum seniority or seniority cum merit) and accelerated promotion
promotion (based on
the principle of merit).
Senior civil
• Direct recruitment judge • Regular promotion
• Regular promotion • Accelerated
promotion
• Accelerated
promotion • Direct recruitment
Civil judge
District judge
(junior division)
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3. Tamil Nadu
4. Chhattisgarh
5. Madhya Pradesh
6. Maharashtra (a portion of the vacancy)
7. Gujarat
8. New Delhi
9. Uttar Pradesh
States where promotion to the cadre of senior civil judge is based on the principle of seniority
cum merit
1. Assam
2. Manipur
3. Karnataka
States where promotion to the cadre of senior civil judge is based on the principle of merit
1. Maharashtra (a portion of the vacancy)
In Maharashtra, promotion to the cadre of senior civil judges is based on the principles of
‘merit cum seniority’ and ‘merit’. The breakup of vacancy to the post of senior civil judge is
as follows:
All the states have three modes of appointment to the cadre of district judges- regular
promotion, accelerated promotion and direct recruitment and the breakup of the vacancy is
usually 65%, 10% and 25% respectively but in some states like Assam, Manipur and Madhya
Pradesh, the breakup of vacancy is 50%, 25% and 25% respectively. In Karnataka, the
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regular promotion of senior civil judges as district judges is based on the principle of
seniority cum merit. In other states, the regular promotion of senior civil judges as district
judges is based on the principle of merit cum seniority.
Other states
25%
10%
65%
Assam
Manipur
Madhya Pradesh
25%
50%
25%
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Best Practice
In states like Odisha, West Bengal, Karnataka, Tamil Nadu, Chhattisgarh, Maharashtra,
Gujarat, New Delhi, Uttar Pradesh, the breakup of vacancy is 65%, 10% and 25% for regular
promotion, accelerated promotion and direct recruitment respectively. An objective and
transparent assessment of merit is fundamental to the concept of accelerated promotion. Thus,
unless there is a detailed, well defined and transparent procedural framework, the percentage
of vacancy may not be extended beyond 10%
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In Gujarat, the judicial officer has to serve as senior civil judge for not less than two years to
be eligible for regular promotion to the cadre of district judge. In New Delhi, the judicial
officer has to serve as a judicial officer for ten years to be eligible for regular promotion to
the cadre of district judge.
Best Practice
In relation to promotion to the cadre of Senior Civil Judge or regulation promotion as District
Judge, it would not be appropriate to comment on the best practice in this respect as the
prescription regarding minimum number of years as an eligibility condition would be
dependent on many local considerations such as hierarchical structure of the judiciary, the
structure of the training programme. As seniority as such plays a role in the promotion (apart
from accelerated promotion), there need not be the necessity to have a uniform prescription in
this respect. However, in relation accelerated promotion as District Judge, it would be ideal to
have a specified eligibility condition in this respect. The standard prescription of 5 years of
service may be considered as best practice.
Below are the eligibility criteria for promotion of judicial officers to different cadres in the
different states:
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Assam
Table 48-Eligibility Conditions in Assam
Cadre Eligibility criteria
Grade III to Grade II The judicial officer must have served in the
cadre of Grade III judicial officer for not less
than five years.
Principle: seniority cum merit
Grade II to Grade I Regular promotion: The judicial officer
must have served in the cadre of Grade II
judicial officer.
Principle: merit cum seniority
Accelerated promotion: The judicial officer
must have served in the cadre of Grade II
judicial officer for not less than five years.
Principle: merit
Manipur
Table 49-Eligibility Conditions In Manipur
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Odisha
Table 50-Eligibility Conditions in Odisha
West Bengal
Table 51-Eligibility Conditions in West Bengal
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Karnataka
Table 52-Eligibility Conditions in Karnataka
Tamil Nadu
Table 53-Eligibility Conditions in Tamil Nadu
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Chhattisgarh
Table 54-Eligibility Conditions in Chhattisgarh
Madhya Pradesh
Table 55-Eligibility Conditions in Madhya Pradesh
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Senior Civil Judge to District Judge Regular promotion: The judicial officer
must have served in the cadre of Senior Civil
Judge
Principle- merit cum seniority
Accelerated promotion: The judicial officer
must have served in the cadre of Senior Civil
Judge for not less than five years for
accelerated promotion.
Principle- merit through limited competitive
examination.
Maharashtra
Table 56-Eligibility Conditions in Maharashtra
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Gujarat
Table 57-Eligibility Conditions in Gujarat
Cadre Eligibility criteria
Civil Judge to Senior Civil Judge The judicial officer must have served in the
cadre of Civil Judges (Junior Division) for
not less than five years.
Principle: Merit cum seniority
Senior Civil Judge to District Judge Regular Promotion: The judicial officer
must have served in the cadre for not less
than two years.
Principle: Merit cum seniority
Accelerated Promotion: The judicial officer
must have served in the cadre for not less
than five years.
Principle: Merit
New Delhi
Table 58-Eligibility Conditions in New Delhi
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Senior Civil Judge to District Judge Regular Promotion: The judicial officer
must have been in service for not less than
ten years
Principle: Merit cum seniority
Accelerated Promotion: The judicial officer
must have served in the cadre for not less
than five years.
Principle: Merit
Uttar Pradesh
Table 59-Eligibility Conditions in Uttar Pradesh
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It is ideal that along with the criteria, the quantitative weightage of each criterion may also be
determined. Specifying the quantitative weightage provides a more transparent mechanism
and also acts as a check against arbitrariness. It ensures that the priorities of the different
criterion are not manipulated in an arbitrary manner for any reasons whatsoever. It also
provides a clear picture on the relative emphasis given to different criterion.
An examination of the policies prevalent in all the states reveal the following to be the most
common criteria employed by the states for promotion of a judicial officer to the cadre of
senior civil judge;
1. Evaluation of Judgments
2. Evaluation of Annual Confidential Reports (ACRs)
3. Disposal Record
4. Character/Integrity
5. Departmental Proceeding/Enquiry
6. Vigilance report
Some of the other criteria incorporated in different states include non-availment of leave
(Karnataka), evaluation of special reports of the Heads of Department (Maharashtra),
suitability and overall performance (Assam and Manipur), viva voce (Chhattisgarh)
i. Judgments
A certain number of judgments, usually, both civil and criminal of the judicial officer
considered for promotion to the cadre of senior civil judge is evaluated. As many as seven
states (Assam, Manipur, West Bengal, Karnataka, Chhattisgarh, Maharashtra and Gujarat)
have incorporated this as a criterion of promotion to the cadre of senior civil judge. Most of
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the states have also identified the quantitative weightage of this criterion;
80
70
70
60
50 50 50
50
40
40
30
30
20
10
0
Assam Manipur Karnataka Chhattisgarh Maharashtra Gujarat
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50
50
40
30
20
20
15
10
10
0
Assam Karnataka Chhattisgarh Maharashtra
At the time of being considered for promotion, usually the disposal record of past five years
of the judicial officer is assessed. Five states (Karnataka, Tamil Nadu, Madhya Pradesh,
Maharashtra and Gujarat) have incorporated this as a criterion of promotion to the cadre of
senior civil judge. Few states have also identified the quantitative weightage in relation this
criterion;
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25
25
20
15
10 10
10
0
Karnataka Maharashtra Gujarat
This criterion is usually assessed from two perspectives. Firstly, it is assessed in a positive
sense wherein a positive finding in favour of the judicial officer may result in positive
weightage being awarded to him. Otherwise, it is also assessed in a negative sense wherein
any adverse entry regarding character and integrity may result in the deduction of weightage.
Four states (Assam, Manipur, Madhya Pradesh, and Uttar Pradesh) have incorporated this as
a criterion. In some states, this criterion is expressed in the form of requirement of a vigilance
report (Maharashtra, Tamil Nadu and Chhattisgarh).
This criterion usually operates as a temporary disqualification. The judicial officer is not
considered for promotion if there is a departmental proceeding or enquiry pending against the
judicial officer and s/he is to be promoted only after the conclusion of the proceeding or
enquiry in her/his favour. Three states (Assam, Manipur and Madhya Pradesh) have
incorporated this criterion for promotion to the cadre of senior civil judges.
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Best Practice
In terms of details on the quantitative weightage of each criterion, the best practice can be
seen in Karnataka, Chhattisgarh, Maharashtra and Gujarat. In all these states, each criterion
has been specified a quantitative weightage.
In terms of the balance between different criterion and the quantitative weightage attached to
each criterion, the best practice can be seen in Gujarat. Though Gujarat has only three criteria
with quantitative weightage, the distribution of weightage provides a better balance between
quantity of performance, quality of performance and also overall annual performance records.
It does not give disproportionate emphasis to either quantity or quality of judicial
pronouncements.
The list of criteria in different states along with the details of quantitative weightage is as
follows;
Assam
Table 60-Criteria For Promotion As Senior Civil Judge In Assam
Criteria Quantitative Weightage
Evaluation of Judgments 50 marks
Evaluation of ACRs 50 marks
Suitability and overall performance of Not Specified
the officers
Any Departmental Proceeding/Enquiry if Not Specified
pending against the judicial officer
Adverse entry regarding the character Not Specified
and integrity.
Manipur
Table 61-Criteria For Promotion As Senior Civil Judge In Manipur
Criteria Quantitative Weightage
Judgments 30 marks
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Odisha
No express criteria are mentioned in any of the official policies shared with us.
West Bengal
Table 62-Criteria For Promotion As Senior Civil Judge In West Bengal
Criteria Quantitative Weightage
Evaluation of judgments Not Specified
Evaluation of ACRs of past five years Not Specified
Karnataka
Table 63-Criteria For Promotion As Senior Civil Judge In Karnataka
Criteria Quantitative Weightage
Evaluation of judgments 70 marks
Evaluation of Annual Confidential Reports 15 marks
of past five years
Disposal of cases of past five years 10 marks
Non-availment of causal leave for past five 05 marks
years
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Tamil Nadu
Table 64-Criteria For Promotion As Senior Civil Judge In Tamil Nadu
Criteria Quantitative Weightage
Evaluation of ACRs inclusive of Vigilance Not Specified
Reports if any
Work done statement for preceding five Not Specified
years
Chhattisgarh
Table 65-Criteria For Promotion As Senior Civil Judge In Chhattisgarh
Criteria Quantitative Weightage
Evaluation of judgments 40 marks
Evaluation of Annual Confidential Reports 10 marks
for last five years
Vigilance Report 10 marks
Viva voce 40 marks
Madhya Pradesh
Table 66-Criteria For Promotion As Senior Civil Judge In Madhya Pradesh
Criteria Quantitative Weightage
Evaluation of ACR Not Specified
Adverse remarks regarding behaviour, Not Specified
conduct and integrity otherwise
Work done in terms of average units per Not Specified
day of the past five years
Pendency of departmental enquiry Not Specified
Judicial officer should not be punished Not Specified
under Rule 10 of Madhya Pradesh Civil
Services (Classification, Control and
Appeal) Rules, 1966
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Maharashtra
In Maharashtra, there are two modes of promoting judicial officers to the cadre of senior civil
judges- based on the principle of merit cum seniority and also based on the principle of merit.
The following is the criteria of regular promotion:
Table 67-Criteria For Promotion As Senior Civil Judge In Maharashtra-1
Criteria Quantitative Weightage
Evaluation of the judgments pronounced 50 marks
by the judicial officer
Evaluation of Annual Confidential 20 marks
Reports
Evaluation of Vigilance Reports 10 marks
Evaluation of Disposal remarks 10 marks
Evaluation of Special reports of the Heads 10 marks
of the Departments under whom the
judicial officer has worked during three
years preceding the year of selection
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Gujarat
Table 69-Criteria For Promotion As Senior Civil Judge In Gujarat
Criteria Quantitative Weightage
Evaluation of ACRs of past five years 25 marks
Assessment of disposal of last five years of 25 marks
the officer concerned
Evaluation of judgments of the officer 50 marks
concerned for last one year
New Delhi
No express criteria are mentioned in any of the official policies shared with us.
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Uttar Pradesh
Table 70-Criteria For Promotion As Senior Civil Judge In Uttar Pradesh
Criteria Quantitative Weightage
Service record No particulars
Ability No particulars
Character No particulars
Seniority No particulars
i. Assessment of Judgements
Manipur, Karnataka and Gujarat have prescribed assessment techniques for evaluating the
judgment of the judicial officers who are considered for promotion. However, the parameters
are not entirely same in these states.
a. Benchmark System
This system is followed in Assam and Gujarat. Grades obtained in ACR are assigned a
numerical value and the average of the ACRs of past years is taken into consideration to
determine if the judicial officer has secured the benchmark fixed in this respect. For example,
in Assam, the ACRs of past five years are evaluated. If the judicial officer has secured
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‘Outstanding’, ‘Very Good’, ‘Good’, ‘Average’, and ‘Poor’, the corresponding numerical
values of each grade is 10, 8, 6, 5 and 3. Taken together the average rating of an officer in the
past 5 years must be 25 or above.
Best Practice
In terms of the assessment of judgements, the best practice can be seen in Karnataka and
Manipur which not only mention the parameters of evaluation but also specify the number of
judgements which would be evaluated.
In relation to evaluation of ACRs, the best practice can be seen in Assam and Gujarat. In both
these states, a numerical value is attached to the ratings awarded to a judicial officer in his
ACR of last 5 years and the same is calculated to determine the quantitative weightage the
judicial officer would be entitled to.
In relation to the evaluation of disposal records, the best practice can be seen in Karnataka
and Gujarat. In Gujarat, a corresponding numerical weightage is awarded for the ratings
received by the judicial officers under the Norms Disposal in the last 5 years. In Karnataka,
as there is no rating system but a benchmark is prescribed, marks have been awarded in terms
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For most of the other criteria, no assessment technique has been prescribed in any of the
states.
The assessment technique of the different criterion in different states is provided below;
Assam
Table 71-Assessment Technique For Criteria Of Promotion As Senior Civil Judge In
Assam
Criteria Quantitative Weightage Assessment Technique
Evaluation of Judgments 50 marks Not Specified
Evaluation of ACRs 50 marks Specified
Suitability and overall Not Specified Not Specified
performance of the officers
Any Departmental Not Specified Not Specified
Proceeding/Enquiry if pending
against the judicial officer
Adverse entry regarding the Not Specified Not Specified
character and integrity.
Evaluation of Judgements
Though the parameters for awarding marks (legal reasoning, language etc) have not been
specified, 5 judgements of the officer are evaluated for 10 marks each. The judgments are
examined by each member of the selection board rather than a single member and the average
of the assessment is considered.
Evaluation of ACRs
The ACRs of last 5 years are be evaluated for 50 marks (10 marks for each year’s ACR) and
the assessment of ACRs is as follows-
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Manipur
Table 73-Assessment Technique For Criteria Of Promotion As Senior Civil Judge In
Manipur
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Evaluation of judgments:
Evaluation of ACRs
In the assessment of ACRs of past five years, the judicial officer must have secured a
minimum of two grading of ‘Good’.
The assessment technique for other criteria is not expressly provided in any of the official
policies shared with us.
Odisha
In the absence of any specified criteria in the official policies shared with us, there is also no
express provision regarding any kind of assessment technique.
West Bengal
The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
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Karnataka
Table 75-Assessment Technique For Criteria Of Promotion As Senior Civil Judge In
Karnataka
Criteria Quantitative Weightage Assessment Technique
Evaluation of judgments 70 marks Specified
Evaluation of Annual 15 marks Not Specified
Confidential Reports for past
five years
Disposal of cases for past five 10 marks Specified
years
Non-availment of causal leave 05 marks Not Specified
for past five years
Evaluation of Judgments
5 judgments (three civil and two criminal) are evaluated on the following parameters;
Table 76-Evaluation Of Judgements For Senior Civil Judge In Karnataka
Parameters Marks allotted
Knowledge of law 4 marks
Narration of facts and appreciation of 4 marks
evidence
Conclusion and reasoning 3 marks
Language 3 marks
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The assessment technique for other criteria is not expressly provided in any of the official
policies shared with us.
Tamil Nadu
The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
Chhattisgarh
The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
Madhya Pradesh
Table 78-Assessment Technique For Criteria Of Promotion As Senior Civil Judge In
Madhya Pradesh
Criteria Quantitative Weightage Assessment Technique
Evaluation of ACRs Not Specified Specified
Adverse remarks regarding Not Specified Not Specified
behaviour, conduct and
integrity
Work done in terms of Not Specified Specified
average units per day of the
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Evaluation of ACRs
In the last 5 years, the judicial officer must have secured at least one rating of ‘Very Good’
and two ratings of ‘Good’ and should not have secured a rating of ‘Poor’
On a yearly basis, the average units per day of the judicial officer in the last 5 years must fall
in the rating of ‘Good’ as per the Norms of Disposal prescribed in the State.
The assessment technique for other criteria is not expressly provided in any of the official
policies shared with us.
Maharashtra
Regular Promotion
The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
Accelerated Promotion
The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
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Gujarat
Table 79-Assessment Technique For Criteria Of Promotion As Senior Civil Judge In
Gujarat
Criteria Quantitative Weightage Assessment Technique
Evaluation of ACRs of past 25 marks Specified
five years
Assessment of disposal of 25 marks Specified
last five years of the officer
concerned
Evaluation of judgments of 50 marks Specified
the officer concerned for last
one year
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Marks are given for the grades obtained by a judicial officer for the past 5 years in relation to
his disposal records;
Table 81-Assessment Of Disposal Records For Promotion As Senior Civil Judge In
Gujarat
Grade Marks allotted
Excellent or Outstanding 5 marks
Very Good 4 marks
Good 3 marks
Adequate 2 marks
Just Adequate 1 mark
Inadequate/Poor 0 mark
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Evaluation of Judgments
While the number of judgements which will be evaluated has not been specified, judgements
of a judicial officer are evaluated on the following parameters;
Table 82-Evaluation Of Judgements For Senior Civil Judge In Gujarat
Parameters Marks allotted
Narration of facts 10 marks
Discussion, appreciation of evidence and 10 marks
power of assimilation
A candidate has to secure a minimum of 40% marks in each component and aggregate of
50% in the grand total of three components in order to be promoted.
New Delhi
The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
Uttar Pradesh
The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
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The most common criteria for regular promotion to the cadre of district judges are:
1. Suitability test
2. ACRs
3. Judgments
4. Disposal Records
5. Character/Integrity
6. Pending Departmental Proceedings/Enquiry
7. Vigilance report
Other criteria may include non-availment of leave (Karnataka), special reports of the Heads
of the Department (Maharashtra), benchmark obtained subsequent to adverse entry
(Manipur), suitability and overall performance (Assam, Manipur, Tamil Nadu).
i. Suitability Test
To assess the merit of judicial officers eligible for promotion, suitability test is conducted.
Usually, suitability test is a written examination and is sometimes followed by a viva voce.
Seven states (Odisha, West Bengal, Chhattisgarh, Madhya Pradesh, Maharashtra, Gujarat,
and Uttar Pradesh) have incorporated this as a criterion of promotion. Viva voce is conducted
in three states- West Bengal, Chhattisgarh, Maharashtra. While the suitability test is
conducted for 100 marks in Uttar Pradesh, the weightage is of 150 marks in Madhya Pradesh.
The weightage of this criterion in other states is not expressly provided in any of the official
policies shared with us.
ii. ACR
Ten states have evaluation of ACRs as a criterion of promotion. Usually, ACRs of past five
years is evaluated but in Uttar Pradesh, ACRs of past ten years is evaluated when the senior
civil judge is considered for regular promotion to the cadre of district judge. In many states,
the quantitative weightage of this criterion has been clearly specified;
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80
60 50
40
20 20
20 15
10
0
Assam Karnataka Chhattisgarh Maharashtra Gujarat Uttar Pradesh
Nine states (Assam, Manipur, West Bengal, Karnataka, Tamil Nadu, Chhattisgarh, Madhya
Pradesh, Maharashtra and Gujarat) have this as a criterion of regular promotion to the cadre
of district judges. In many states, the quantitative weightage of this criterion has been clearly
specified;
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Five states (Karnataka, Tamil Nadu, Madhya Pradesh, Maharashtra and Gujarat) have
disposal of cases as a criterion of regular promotion to the cadre of district judges. In
Karnataka and Maharashtra, this criterion is evaluated for ten marks. In Gujarat, it is
evaluated for 20 marks. The details of the quantitative weightage in Tamil Nadu and Madhya
Pradesh have not been specified in any of the official policies shared with us.
v. Character/Integrity/Vigilance Report
Four states (Assam, Manipur, Tamil Nadu, Madhya Pradesh) have expressly incorporated this
as a criterion of regular promotion to the cadre of district judges.
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Best Practice
In terms of details on the quantitative weightage of each criterion, the best practice can be
seen in Karnataka, Chhattisgarh, Maharashtra and Gujarat. In Karnataka, each criterion has
been specified a quantitative weightage. In Chhattisgarh, Maharashtra and Gujarat,
quantitative weightage of each criterion has been specified apart from the criterion of
suitability test.
In terms of the balance between different criterion and the quantitative weightage attached to
each criterion, the best practice can be seen in Gujarat. The distribution of weightage in
Gujarat provides a better balance between quantity of performance, quality of performance
and also overall annual performance records.
The various criterion for regular promotion as District Judge in different states along with the
quantitative weightage of each criterion is as follows;
Assam
Table 83-Criteria For Regular Promotion As District Judge In Assam
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Manipur
Table 84-Criteria For Regular Promotion As District Judge In Manipur
Odisha
Table 85-Criteria For Regular Promotion As District Judge In Odisha
West Bengal
Table 86-Criteria For Regular Promotion As District Judge In West Bengal
Karnataka
Table 87-Criteria For Regular Promotion As District Judge In Karnataka
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Tamil Nadu
Table 88-Criteria For Regular Promotion As District Judge In Tamil Nadu
Chhattisgarh
Table 89-Criteria For Regular Promotion As District Judge In Chhattisgarh
Criteria Quantitative Weightage
Suitability test Not Specified
Evaluation of their judgments 40 marks
Evaluation of ACR reports of past five 10 marks
years
Vigilance Report 10 marks
Viva Voce 40 marks
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Madhya Pradesh
Maharashtra
Table 91-Criteria For Regular Promotion As District Judge In Maharashtra
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Gujarat
Table 92-Criteria For Regular Promotion As District Judge In Gujarat
Criteria Quantitative Weightage
Suitability test Not Specified
Examination and Evaluation of ACRs for 20 marks
last five
years
Assessment of disposal of last five years of 20 marks
the officer concerned
Evaluation of judgments of the officer 20 marks
concerned for last one year
New Delhi
No express criteria are mentioned in any of the official policies shared with us.
Uttar Pradesh
Table 93-Criteria For Regular Promotion As District Judge In Uttar Pradesh
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i. Suitability Test
Suitability test is usually a written examination. The number of papers, marks and the type of
questions (objective or subjective and sometimes both), syllabus varies in different states.
Best Practice
As in the case of promotion as Senior Civil Judges, in terms of the assessment of judgements,
the best practice can be seen in Karnataka and Manipur which not only mention the
parameters of evaluation but also specify the number of judgements which would be
evaluated.
In terms of the evaluation of ACRs, the best practice can be seen in Assam, Madhya Pradesh
and Gujarat. In all these states, a numerical value is attached to the ratings awarded to a
judicial officer in his ACR of last 5 years and the same is calculated to determine the
quantitative weightage the judicial officer would be entitled to.
As in the case of promotion as Senior Civil Judges in relation to the evaluation of disposal
records, the best practice can be seen in Karnataka and Gujarat. In Gujarat, a corresponding
numerical weightage is awarded for the ratings received by the judicial officers under the
Norms Disposal in the last 5 years. In Karnataka, as there is no rating system but a
benchmark is prescribed, marks have been awarded in terms of achieving the prescribed
benchmark or exceeding the prescribed benchmark by certain percentages.
For most of the other criteria, no assessment technique has been prescribed in any of the
states.
Below is the assessment technique of criteria of regular promotion to the cadre of district
judges in different states:
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Assam
Table 94-Assessment Technique Of Criteria For Regular Promotion As District Judge
In Assam
The assessment technique for evaluation of ACRs is similar to the technique prescribed for
evaluation of ACRs for promotion as Senior Civil Judges. The provisions regarding
evaluation of judgements are also the same.
The assessment technique for other criteria is not expressly provided in any of the official
policies shared with us.
Manipur
Table 95-Assessment Technique Of Criteria For Regular Promotion As District Judge
In Manipur
Criteria Quantitative Weightage Assessment Technique
Judgments 30 marks Specified
ACRs Not Specified Specified
Suitability & Overall Not Specified Not Specified
Performance
Departmental Not Specified Not Specified
Proceeding/Enquiry, if any
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pending
Benchmark obtained Not Specified Not Specified
subsequent to adverse entry
Integrity beyond doubt Not Specified Not Specified
Character beyond doubt Not Specified Not Specified
The assessment technique for evaluation of judgements is similar to the one prescribed in
case of promotion of Civil Judges Senior Division.
Evaluation of ACRs
In the assessment of ACRs of past five years, the judicial officer must have secured a
minimum of three ratings as ‘Good’.
Odisha
Table 96-Assessment Technique Of Criteria For Regular Promotion As District Judge
In Odisha
The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
West Bengal
Table 97-Assessment Technique Of Criteria For Regular Promotion As District Judge
In West Bengal
Criteria Quantitative Weightage Assessment Technique
Suitability test Not Specified Not Specified
Evaluation of judgments Not Specified Not Specified
Evaluation of ACRs of past Not Specified Not Specified
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five years
Viva Voce Not Specified Not Specified
The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
Karnataka
Table 98-Assessment Technique Of Criteria For Regular Promotion As District Judge
In Karnataka
Criteria Quantitative Weightage Assessment Technique
Evaluation of judgments 70 marks Specified
Evaluation of Annual 15 marks Not Specified
Confidential Reports of past
five years
Disposal of cases of past five 10 marks Specified
years
Non-availment of causal leave 05 marks Not Specified
of past five years
The details of the assessment technique are similar to those prescribed for promotion as
Senior Civil Judges.
Tamil Nadu
Table 99-Assessment Technique Of Criteria For Regular Promotion As District Judge
In Tamil Nadu
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The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
Chhattisgarh
Table 100-Assessment Technique Of Criteria For Regular Promotion As District Judge
In Chhattisgarh
The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
Madhya Pradesh
Table 101-Assessment Technique Of Criteria For Regular Promotion As District Judge
In Madhya Pradesh
Criteria Quantitative Weightage Assessment Technique
Suitability test 150 Marks Specified
Evaluation of judgments Not Specified Not Specified
Evaluation of ACRs Not Specified Specified
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Evaluation of ACRs
The judicial officer must have secured at least one rating of ‘Very Good’ and two ratings of
‘Good’ and should not have secured a rating of Poor.
Evaluation of ‘Average units per day’
On a yearly basis, the average units per day of the judicial officer in the last 5 years must fall
in the rating of ‘Good’ as per the Norms of Disposal prescribed in the State.
The assessment technique for other criteria is not expressly provided in any of the official
policies shared with us.
Maharashtra
Table 102-Assessment Technique Of Criteria For Regular Promotion As District Judge
In Maharashtra
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The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
Gujarat
Table 103-Assessment Technique Of Criteria For Regular Promotion As District Judge
In Gujarat
Evaluation of ACRs for the last five years of the officer concerned for 20 marks is assessed
as per the following parameters;
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It needs to be noted that ratings of ‘Reasonably Good’,’ Average’ and ‘Below Average’ are
not nomenclature used in the ACR proforma of Gujarat. These terms have been used in the
case of Vinay Kumar v High Court of Gujarat as confirmation of the prevailing assessment
technique
Marks are given for the grades obtained by a judicial officer for the past 5 years in relation to
his disposal records;
Table 105-Assessment of Disposal Records in Gujarat
Grade Marks allotted
Excellent or Outstanding 4 marks
Very Good/Good 3 marks
Adequate 2 marks
Just Adequate 1 marks
Poor 0 mark
Evaluation of Judgments
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New Delhi
In the absence of any specified criteria in the official policies shared with us, there is also no
express provision regarding any kind of assessment technique.
Uttar Pradesh
Table 107-Assessment Technique of Criteria For Regular Promotion As District Judge
in Uttar Pradesh
Criteria Quantitative Weightage Assessment Technique
Suitability test 100 marks Specified
Service record of past 10 100 marks Specified
years (evaluation of ACR)
Ability Not Specified Not Specified
Character Not Specified Not Specified
Seniority Not Specified Not Specified
Suitability Test
The suitability test is a written examination of 100 marks and the detailed syllabus is
provided in Appendix G (1) of the Rules.
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Evaluation of ACRs
The service record of the judicial officer is assessed by evaluating her/his ACRs in the
following manner:
Table 108-Assessment Of ACR for Regular Promotion As District Judge In Uttar
Pradesh
Grade in ACR Marks allotted
Outstanding 10 marks
Very Good 8 marks
Good 6 marks
Average 4 marks
Poor 0 mark
Adverse Entry -2 marks for each year
The most common criteria of accelerated promotion to the cadre of district judges are:
1. Limited departmental competitive examination
2. Viva voce
3. Evaluation of judgments
4. Evaluation of ACRs
5. Character and integrity
6. Disposal of cases
Other criteria include pendency of departmental proceeding/enquiry (Assam and Manipur),
suitability and overall performance (Assam and Manipur), non-availment of leave (Karnataka
and Tamil Nadu), special reports of the Heads of the Department (Maharashtra), vigilance
reports (Maharashtra), past performance (Madhya Pradesh), performance appraisal
(Chhattisgarh), assessment of records (New Delhi).
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All the states have limited departmental competitive examination as a criterion for
accelerated promotion to the cadre of district judges. Since this mode of promotion solely
relies on the principle of merit, an objective assessment of this principle becomes inevitable.
However, the marks allotted for this criterion differs in each state;
700
600 600
600
500
400
300 300 300
300
200 200
200 150
100
100 45
0
The limited departmental competitive examination is usually followed by the viva voce.
Majority of the states (Assam, Manipur, Odisha, West Bengal, Karnataka, Tamil Nadu,
Chhattisgarh, Maharashtra, New Delhi and Uttar Pradesh) have incorporated this as a
criterion for accelerated promotion to the cadre of district judges. The weightage of this
criterion varies in different states;
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200
150
100
100 75
50 50 50
50
20 20
10
0
The weightage of viva in West Bengal has not been specified in any of the official policies
shared with us.
Seven states (Assam, Manipur, Karnataka, Tamil Nadu, Madhya Pradesh Maharashtra and
Gujarat) have incorporated this as a criterion for accelerated promotion to the cadre of district
judges. Usually, the judgments rendered in the past five years are evaluated except in Tamil
Nadu, where the judgments rendered by the judicial officer considered for promotion for the
past three years are evaluated. This criterion is included under the heading of ‘Past
Performance’ in Madhya Pradesh. Different marks are allotted to this criterion in different
states.
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Eight states (Assam, Manipur, Odisha, Karnataka, Tamil Nadu, Madhya Pradesh,
Maharashtra, and Gujarat) have incorporated this as a criterion for accelerated promotion to
the cadre of district judges. Though, ‘Performance Appraisal’ is mentioned as criterion, there
are no details on whether ACRs are evaluated under this criterion. The quantitative weightage
of this criterion varies in different states;
Evaluation of ACR and marks allotted- DJ accelerated
marks allotted
promotion
60
50
50
40
30
30
20 20 20
20 15
10
10
0
Assam Odisha Karnataka Tamil NaduMadhya PradeshMaharashtra Gujarat
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Best Practice
In terms of details on the quantitative weightage of each criterion, the best practice can be
seen in Karnataka, Tamil Nadu, Odisha, Chhattisgarh, Maharashtra, New Delhi and Gujarat.
In all these states, a quantitative weightage has been specified for each criterion.
The list of criteria in different states along with the details of quantitative weightage is as
follows;
Assam
Table 109-Criteria for Accelerated Promotion As District Judge in Assam
Criteria Marks allotted
Limited competitive examination 300 marks
Viva Voce 50 marks
Evaluation of Judgments 50 marks
Evaluation of ACRs 50 marks
Suitability and overall performance of Not Specified
the officers
Any Departmental Proceeding/Enquiry Not Specified
if pending against the judicial officer
Adverse entry regarding the character Not Specified
and integrity.
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Manipur
Table 110-Criteria for Accelerated Promotion As District Judge in Manipur
Criteria Marks allotted
Limited Competitive Examination 300
Viva Voce 50
Judgments 30 marks
ACRs Not Specified
Suitability & Overall Performance Not Specified
Departmental Proceeding/Enquiry, if any Not Specified
pending
Benchmark obtained subsequent to Not Specified
adverse entry
Odisha
Table 111-Criteria for Accelerated Promotion As District Judge in Odisha
Criteria Marks allotted
Limited competitive examination 150 marks
Interview 20 marks
Evaluation of CCRs/P.A.Rs 30 marks
West Bengal
Table 112-Criteria for Accelerated Promotion As District Judge in West Bengal
Criteria Marks allotted
Limited competitive examination Not Specified
Viva Voce Not Specified
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Karnataka
Table 113-Criteria for Accelerated Promotion As District Judge in Karnataka
Tamil Nadu
Table 114-Criteria for Accelerated Promotion As District Judge in Tamil Nadu
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Chhattisgarh
Table 115-Criteria for Accelerated Promotion As District Judge in Chhattisgarh
Criteria Marks allotted
Departmental limited competitive 200 marks
examination
Performance appraisal 30 marks
Viva Voce 20 marks
Madhya Pradesh
Table 116-Criteria for Accelerated Promotion As District Judge in Madhya Pradesh
Maharashtra
Table 117-Criteria for Accelerated Promotion As District Judge in Maharashtra
Criteria Marks allotted
limited Departmental Competitive 200 marks
Examination
Evaluation of judgments 50 marks
Evaluation of Annual Confidential 20 marks
Reports
Vigilance Reports 10 marks
Disposal Remarks 10 marks
Special Reports of the Heads of the 10 marks
Departments under whom the candidate
has worked during three years preceding
the year of selection
Performance of the judicial officer in 50 marks
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viva-voce
Gujarat
Table 118-Criteria for Accelerated Promotion As District Judge in Gujarat
Criteria Marks allotted
Limited departmental competitive Not Specified
examination
Examination and Evaluation of ACRs for 20 marks
last five
years
Assessment of disposal of last five years of 20 marks
the officer concerned
Evaluation of judgments of the officer 20 marks
concerned for last one year
New Delhi
Table 119-Criteria for Accelerated Promotion As District Judge in New Delhi
Uttar Pradesh
Table 120-Criteria for Accelerated Promotion As District Judge in Uttar Pradesh
Criteria Marks allotted
Limited competitive examination 600 marks
Interview 75 Marks
Character Not Specified
Fitness Not Specified
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Limited competitive examinations are only open to eligible judicial officers in the cadre of
Senior Civil Judge. The number of papers, marks and the syllabus of this examination vary
from state to state;
500
400
300 300 300
300
200 200
200 150
100
0
Assam (3 Manipur (3 Odisha (2 Karnataka (2 Chhattisgarh Madhya Uttar
papers) papers) papers) papers) (2 papers) Pradesh (2 Pradesh (3
papers) papers)
While the limited competitive examination in New Delhi is for 250 marks, the details of the
examination have not been specified in any of the official policies shared with us.
Assessment technique of this criterion has been specified in Assam. In Assam, viva voce is
be conducted to assess the suitability of the candidate for the cadre by judging the mental
alertness, knowledge of law, clear and logical exposition, balance of judgment, skills,
attitude, ethics, power of assimilation, power of communication, character and intellectual
depth and the like of the candidate. The assessment technique of this criterions has not been
expressly provided in any of the official polices of the other states shared with us.
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Best Practice
As in the case of the assessment technique adopted for evaluating judgements for promotion
as a Senior Civil Judges and for regulation promotion as District Judge, the best practice can
be seen in this respect in Karnataka and Manipur.
The best practice of assessment concerning viva voce can be seen in Assam. The assessment
technique of Viva Voce has not been specified in any of the official policies of the other
states shared with us.
As in the case of the assessment technique adopted for promotion as a Civil Judge, the best
practice for evaluating ACRs can be seen in Assam and Gujarat. In both these states, a
numerical value is attached to the ratings awarded to a judicial officer in his ACR for last 5
years and the same is calculated to determine the quantitative weightage the judicial officer
would be entitled to. A similar practice in this respect can also be seen in Madhya Pradesh.
In relation to the evaluation of disposal records, the best practice can be seen in Karnataka
Gujarat and Madhya Pradesh. In Gujarat and Madhya Pradesh, a corresponding numerical
weightage is awarded for the ratings received by the judicial officers under the Norms
Disposal in the last 5 years. In Karnataka, as there is no rating system but a benchmark is
prescribed, marks have been awarded in terms of achieving the prescribed benchmark or
exceeding the prescribed benchmark by certain percentages.
For most of the other criteria, no assessment technique has been prescribed in any of the
states.
The assessment technique adopted in different states is as follow;
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Assam
Table 121-Assessment Technique of Criteria for Accelerated Promotion As District
Judge in Assam
Criteria Marks allotted Assessment Technique
Limited competitive 300 marks Specified
examination
Viva Voce 50 marks Specified
Evaluation of Judgments 50 marks Not Specified
Evaluation of ACRs 50 marks Specified
Suitability and overall Not Specified Not Specified
performance of the officers
Any Departmental Not Specified Not Specified
Proceeding/Enquiry if
pending against the judicial
officer
Adverse entry regarding the Not Specified Not Specified
character and integrity.
It consists of three papers of 100 marks each. The brief syllabus of this examination is
provided in schedule B of the Rules. The judicial officer has to obtain a minimum of 60% to
be eligible for viva voce.
Viva Voce
The viva voce will be conducted to assess the suitability of the candidate for the cadre by
judging the mental alertness, knowledge of law, clear and logical exposition, balance of
judgment, skills, attitude, ethics, power of assimilation, power of communication, character
and intellectual depth and the like of the candidate.
The assessment technique for evaluation of ACRs is the similar to the technique prescribed
for evaluation of ACRs for promotion as Senior Civil Judges. The provisions regarding
evaluation of judgements are also the same.
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The assessment technique for other criteria is not expressly provided in any of the official
policies shared with us.
Manipur
Table 122-Assessment Technique of Criteria for Accelerated Promotion As District
Judge in Manipur
Criteria Marks allotted Assessment Technique
Limited Competitive 300 Specified
Examination
Viva Voce 50 Not Specified
Judgments 30 marks Specified
ACRs Not Specified Not Specified
Suitability & Overall Not Specified Not Specified
Performance
Departmental Not Specified Not Specified
Proceeding/Enquiry, if any
pending
Benchmark obtained Not Specified Not Specified
subsequent to adverse entry
The accelerated promotion is carried out on the basis of merit through a Limited
Departmental Examination to be held by High Court from time to time as prescribed in
Schedule B of the Manipur Judicial Service Rules, 2005. A detailed syllabus for the Limited
Competitive examination is given in the Schedule B of the Rules.
The assessment technique for evaluation of judgements is similar to the one prescribed in
case of promotion of Civil Judges Senior Division.
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Odisha
Table 123-Assessment Technique of Criteria for Accelerated Promotion As District
Judge in Odisha
Criteria Marks allotted Assessment Technique
Limited competitive 150 marks Specified
examination
Interview 20 marks Not Specified
Evaluation of CCRs/P.A.Rs 30 marks Specified
It is a written examination of two papers for 75 marks each. The brief syllabus of these two
papers is mentioned in Appendix A of the Orissa Superior Judicial Service and Orissa
Judicial Service Rules, 2007.
Evaluation of ACRs
The CCR/PAR is evaluated in the following order as per the grading received;
Table 124-Assessment of ACR for Accelerated Promotion As District Judge in Odisha
CCRs/PARs Grading Marks
Outstanding 6 marks
Very Good 5 marks
Good 4 marks
Average 3 marks
Poor 0 mark
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West Bengal
Table 125-Assessment Technique of Criteria for Accelerated Promotion As District
Judge in West Bengal
Criteria Marks allotted Assessment Technique
Limited competitive Not Specified Not Specified
examination
Viva Voce Not Specified Not Specified
The assessment technique for any criteria is not expressly provided in any of the official
policies shared with us.
Karnataka
Table 126-Assessment Technique of Criteria for Accelerated Promotion As District
Judge in Karnataka
Criteria Marks allotted Assessment Technique
Limited competitive 300 marks Not Specified
examination
Viva Voce 100 marks Not Specified
Evaluation of judgments 70 marks Specified
Evaluation of ACR reports of 15 marks Not Specified
past five years
Disposal of cases of past five 10 marks Specified
years
Non-availment of causal 05 marks Not Specified
leave of past five years
The limited competitive examination consists of two papers (one on civil law and one on
criminal law) of 150 marks each however the syllabus of this criterion is not specified in any
of the official policies shared with us.
The assessment technique for remaining criteria is the same as is prescribe for promotion as
Senior Civil Judges.
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Tamil Nadu
Table 127-Assessment Technique of Criteria for Accelerated Promotion As District
Judge in Tamil Nadu
Criteria Marks allotted Assessment Technique
Limited competitive 45 marks Not Specified
examination
Evaluation of judgments 30 marks Not Specified
rendered in the past 3 years
Evaluation of ACRs of past 10 marks Not Specified
five years
Quantum of leave availed in 5 marks Not Specified
the past 5 years
Viva-voce 10 marks Not Specified
Chhattisgarh
Table 128-Assessment Technique of Criteria for Accelerated Promotion As District
Judge in Chhattisgarh
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The departmental limited competitive examination consists of two papers of 100 marks each
and the detailed syllabus for the examination is prescribed in Schedule-II.
The assessment technique for other criteria is not expressly provided in any of the official
policies shared with us.
Madhya Pradesh
Table 129-Assessment Technique of Criteria for Accelerated Promotion As District
Judge in Madhya Pradesh
Criteria Marks allotted Assessment Technique
Limited competitive 100 marks Specified
examination
Past performance 50 marks Specified
Reputation No particulars Specified
Limited competitive examination:
Limited competitive examination shall be a written examination of two papers of 100 marks
each. Paper I will be an objective paper and paper II will be a descriptive paper.
For evaluating ACRs- the following marks are be awarded to the following grades obtained
in the last 5 years:
Table 131-Assessment of ACR for Accelerated Promotion As District Judge in Madhya
Pradesh
Grade Marks allotted
Outstanding/Excellent 4 marks
Very Good 3 marks
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Good 2 marks
Average 1 mark
Poor 0 mark
The disposal records are calculated in the form of ‘units per day’ of the judicial officer and
quantitative weightage isawarded in the following manner;
Table 132-Assessment of Disposal Records for Accelerated Promotion As District Judge
in Madhya Pradesh
Per day average in units Marks allotted
9 or above 4 marks
Very good 3 marks
Good 2 marks
Average 1 mark
Below average* 0 mark
*it may be noted that the nomenclature used for the lowest rating in the Norms of Disposal of
Madhya Pradesh is Poor and not ‘Below Average’.
The assessment technique for evaluating judgements has not been specified in any of the
official policies shared with us.
Reputation
It has been provided that vigilance report shall be used for assessing the reputation of the
judicial officer.
Maharashtra
Table 133-Assessment Technique of Criteria for Accelerated Promotion As District
Judge in Maharashtra
Criteria Marks allotted Assessment Technique
limited Departmental 200 marks Not Specified
Competitive Examination
Evaluation of judgments 50 marks Not Specified
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Gujarat
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The particulars of limited departmental competitive examination have not been specified in
any of the official policies shared with us.
The assessment technique for remaining criteria is the same as is prescribe for regular
promotion as District Judge.
New Delhi
Table 135-Assessment Technique of Criteria for Accelerated Promotion As District
Judge in New Delhi
Criteria Marks allotted Assessment Technique
Limited competitive 600 marks Not Specified
examination
Assessment of records 150 marks Not Specified
Viva Voce 250 marks Not Specified
The assessment technique of criteria has not been specified in any of the official policies
shared with us.
Uttar Pradesh
Table 136-Assessment Technique of Criteria for Accelerated Promotion As District
Judge in Uttar Pradesh
Criteria Marks allotted Assessment Technique
Limited competitive 600 marks Specified
examination
Character No particulars Not Specified
Fitness No particulars Not Specified
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The assessment technique of other criteria has not been specified in any of the official
policies shared with us.
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Survey Audience
In order to gain feedback on the implementation of the performance appraisal systems and
schemes of promotion of judicial officers in different states, a questionnaire was designed.
The questionnaire was designated for the serving judicial officers in the identified states so as
to have an insight into the challenges and shortcomings of the existing policies. As the
purpose of the survey was to examine the efficacy of the existing policies, it was felt that the
survey should be confined to judicial officers as they are the ones who have first-hand
knowledge of its implementation.
The contents and structure of the questionnaire was finalised after a broad consultation
process with various stakeholders. The initial draft of the questionnaire was shared with the
various organisation and academics with experience in the area of judicial reforms. The draft
questionnaire was also shared with the High Court authorities of all the identified states in
order feedback. The final draft of the questionnaire was determined taking into considerations
the various suggestions which were received.
Mode of Administration
The survey was administered by means of a questionnaire on Google Forms that was sent out
to judicial officers directly by mail. The mail ids of judicial officers are not publicly available
and thus we were completely reliant on the respective High Courts for access to the e-mail ids
of judicial officers. Accordingly requests were sent to the High Courts of all the identified
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Survey Results
The results of the survey have been presented in the nature of percentage of respondents in
relation to different options of answers for different questions.
100 0 0 0
80 14.3
60 66.7 28.6
100 100
40 100
20 0 Partly
0 33.3 57.1
No
Yes
Awarness about the existins policies would ususally reflect both on the alerntness of the
judicial officers concerned and also on the easy accessiblity of such policies. Surprisingly,
Surprisingly
there were responses which indicated a lack of complete awareness regarding the manner in
which perofmrance of judcial officers is being assessed in the respective states.
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120
100 0 0
80 66.7 50 33.3 16.67
60 0 28.6
40 5
20 33.3 50 50 66.7 14.3
0 0 0 28.6
16.7
0 4
16.67
0 14.3
14.3
3
2
1
3.28
3.53.17
3.5
2.5
3 2.67 Assam
2.5 Chhattisgarh
2 Madhya Pradesh
Uttar Pradesh
1.5 Tamil Nadu Tamil Nadu
1 Madhya Pradesh
Uttar Pradesh
0.5 Chhattisgarh
0 Assam
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120
100
80 50 50 0
60 0 66.7
40 66.7 42.9
20 50 50
0 0 16.67
16.67 33.3 57.1 Partly
0
No
Yes
100
80 50 50 33.3
60 28.6
40 25 66.7
33.3
20 25 50 57.1
0 0 33.3 33.3 Partly
0 14.3 No
Yes
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The Norms of disposal in different states are expected to govern the quantitative workload of
judicial officers. It is expected that any system of quantitative yardsticks would be
sufficiently detailed
ed so as to cover the variety of functions being discharged by the judicial
officers. In all the States, majority of the respondents did not believe that the norms of
disposal are comprehensive enough to capture the entirety of their workload. Across all the
t
states, less than 20% of the respondents annswered this question in affirmative.
120
100 0
25 0
80 0 0
60 50
40 50 66.7 66.7 28.6 5
20 25 50 14.3
0 0 0 33.3 28.6 4
0 33.3 0
0 28.6
3
2
1
3.14
2.67
2.67
3.5 3 2.5
3 Assam
2.5 Chhattisgarh
2 Uttar Pradesh Madhya Pradesh
1.5 Tamil Nadu
Madhya Pradesh Tamil Nadu
1
0.5 Chhattisgarh Uttar Pradesh
0 Assam
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120
100 0 0
80 50 0
60 50 50 16.7
0
0 16.7 28.6 5
40 25 14.3
20 25 50 16.7 33.3
0 14.3
0 33.3 33.3 28.6 4
14.3 3
2
1
3.14
4 2.33
2.5 2.17 Assam
2.75
3 Chhattisgarh
Uttar Pradesh Madhya Pradesh
2 Tamil Nadu
Madhya Pradesh Tamil Nadu
1 Chhattisgarh Uttar Pradesh
0 Assam
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120
100 0 0
80 25
50 16.7
60 50 16.7 28.6
50 0 0 5
40
20 25 50 33.3 50 42.9 4
0 0 0 16.7 14.3
16.7 3
14.3
2
1
Existing systems of performance apprisal woud not be helpful unless the communciations
mechanism in such respects is robust and consistent. The perofrmance of a judicial officer
must not only be evaluated but also promptly communicated to enable him to process the
feddback at his end. Below is the average rating
rating of the communication process of evaluation
results in diffeerent States;
3.14
4 3.5 2.67
4
2.33 Assam
3 Chhattisgarh
Uttar Pradesh Madhya Pradesh
2 Tamil Nadu
Madhya Pradesh Tamil Nadu
1 Chhattisgarh Uttar Pradesh
0 Assam
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120
100 0 0 0 0
80 50 16.67
33.3 14.3
60 0
40 100 66.67 5
50 33.3 14.3
20 4
0 0 42.9
16.67 33.3
3
14.3
2
1
The qualitative profrmance of a judicial officer matters as much his quantitative performance.
A disproptionate emphasis on quantitative aspects of performance would be significantly
detrimental to thee cause of justice. Thus, systems of performance appraisal must not only
ensure the fulfilment of quantitative targets, but must also ensure that quality of performance
is not sacrificed in pursuits of quantitative targets. Below is the average rating in different
d
states in relation to the existing evaluation schemes encouraging qualitative performance;
2.71
2
3 2
Assam
2.5 2 1.5
Chhattisgarh
2
Uttar Pradesh Madhya Pradesh
1.5 Tamil Nadu
1 Madhya Pradesh Tamil Nadu
0.5 Chhattisgarh Uttar Pradesh
0 Assam
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100
80 50 16.7
60 50 0 28.6
40 0 100
50 0 14.3
20 50 83.3
0 0 57.1 Judicial Peer Group
Public
Evaluated Judge
Majority of the respondents felt that the results of the evaluation process of a judicial officer
should be shared primarily with the concerend judicial officer only. However, close to 1/3rd
of the total respondents were not adverse to the results being shared within the judicial peer
group. Less than 5% of all the respondents were comfortable with the evaluaiton resutls being
made public.
100 25
50 50 33.3 33.3 0
75 0
0 0 50 66.7 66.7 85.7
0 0 14.3 Partly
No
Yes
The prupsoe of any promotion scheme is to award the better performing members of the
organisation. As many as 68% of the respondents across
across all the states were of the view that
the existing schemes of promotion in their stated do not reward better performing judges.
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120
100 0 0
80 25 0
16.67 0
60 25 50 14.3
50 0
40 25 0 66.67 5
20 25 50 57.1
0 0 50 4
16.67
0 0
0 28.6 3
2
1
Transparency in the decision making process concerning prmotions of judicial officers should
be considred a non-negotiable
negotiable requirement. The decisions must not simply be fair but must be
open. The average rating of the promotion schemes in this regard in different states is not
satisfactory;
3
3
3 2.71
2.9
2.8 Assam
2.5
2.7 Chhattisgarh
Madhya Pradesh
2.6
2.5
Uttar Pradesh Tamil Nadu
2.5
Tamil Nadu Uttar Pradesh
2.4 Madhya Pradesh
2.3 Chhattisgarh
2.2 Assam
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120
100
80 50 33.3 0
16.67
60 75 28.6
0 0 5
40 0 33.3
20 25 50 66.67 28.6
0 0 16.7 0 4
0 16.7 0 14.3
16.67 28.6
3
2
1
Majority of the respondents favoured the princple of merit cum seniority as a criterion for
promotion. The avrage rating in different states in this respect is consistently higher than in
relation
elation to any other question;
3.14
5 4.5 4 2.83
3.17
Assam
4
Chhattisgarh
3
Uttar Pradesh Madhya Pradesh
Tamil Nadu
2 Tamil Nadu
Madhya Pradesh
1 Chhattisgarh Uttar Pradesh
0 Assam
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120
100 0
80 50 33.3 16.67
60 100 0 42.9
40 33.3 5
20 50 66.67
14.3 4
0 0 14.3
16.7
16.67
0 3
14.3
2
1
As many as 60% of the respondents rated the concept of ‘only merit’ as a criteria for
promotion with rating of 4 or more. Under this system, the issue of seniority is not relevant is
determining questions of promotion and decisiosn are expected to be taken solely on the basis
of the merit of prospective candidates. Follwoing is the average rating in different states in
this respect;
5 4 3.57
5
4.5
3.17
4
Assam
3.5
Chhattisgarh
3 2
Madhya Pradesh
2.5
2 Uttar Pradesh Tamil Nadu
Tamil Nadu Uttar Pradesh
1.5
Madhya Pradesh
1
Chhattisgarh
0.5
0 Assam
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150
100 0
50 50 16.7 16.67
50
50 50 83.3 66.67 42.9
0 0
0 16.67 42.9 Partly
14.3
No
Yes
Critical Impressions
It should be conceded from the outset that the sample size of the survey is limited and thus
drawing broad generalisations from the responses would not be advisable. However, many of
the comments submitted by the respondents and putting the respnses in the context of the
existing analyis of the official policies does facilitate a greater understanding of
o the problems
and challenges in the existing schemes of performance appraisal and promotion.
A number of comments by respondents from different states focussed on the fact that there is
often arbitrariness in the actions of the reporting officer while filling up the ACR proforma of
subordinate officers as the assessment is entirely depednent on the subjective decisions of the
reporting officer. These comments are also backed up by the consistenly low ratings of the
peformance appraisal schemes on factors
factor of objectivity.
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The earlier analysis of the perofmrance apparisal schemes has already revelaed that there is a
lack of objective assessment techniques of the parameters of performance evaluation in
almost all the states.
While it is absolutely essential that the criteria for evaluation of performance or the criteria
for promotion should be clearly laid down, that cannot be the end of process. It is submitted
that without categorical guidelines on how to assess the laid out criteria, subjective,
personalised and arbitrary assessment of the criteria cannot be mitigated. One of the most
obvious examples of such arbitrary exercise of power can be seen in the power of the
reporting officer to assess the integrity of the judicial officer. In all states, reporting officers
are expected to comment on the integrity/honesty of the judicial officer. In certain states the
exact question in the ACR is not even on the integrity/honesty of the judicial officer but on
‘reputation of integrity/honesty’ of the judicial officer. While the need to ensure continued
integrity on the part of judicial officers cannot be disputed, without assessment guidelines,
such powers can very easily become prone to abuse.
How is a person’s integrity to be measured? How does one measure one’s reputation? At
some level, such assessment is highly personalised and subjective. The impression about the
reputation of Y may depend entirely on the persons from whom such opinion is sought.
Unless there is a clear methodlogy to determine how to seek opinions on the honesty/integrity
of a judicial officer, there is not guarantee to ensure that a reproting officer would not abuse
this power for whatever might be his reasons for doing so. With such a nebulous mechanism,
it would be unfair if the reporting officer could simply mention that the integrity of a judicial
officer is doubtful or is not above suspicion. The only logical conclusion in case of doubtful
integrity is to initiate appropriate proceedings to make the judicial officer accountable. Thus,
allowing an adverse comment on doubtful integrity to stand in the absence of a tangible
assessment methodology might not be ideal. In such cases, it might be better not to authorise
the reporting officer to comment on the integrity of the judicial officer at all as part of annual
performance appraisal. If the integrity is doubtful, appropriate actions may be initiated.
This problem with lack of assessment guidelines can be observed not simply in this case but
in almost all criteria of performance appraisal or promotion. How to evluate the judgements
of a judicial officer? How many judgements to evaluate? How many marks per judgement?
How many marks for legal reasoning and how many for factual narration? How to assess the
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Questionnaire
This survey contains questions about the performance evaluation mechanism and the
promotion schemes relating to the subordinate judges. This survey is a part of the Department
of Justice project on A Comparative Analysis of Performance Appraisal Mechanisms and
Schemes of Promotion in relation to the Judges of Subordinate Judiciary in different States in
India being implemented by National Law University Odisha. The questions are mostly
scale-based, yes or no questions. It will only take 10 minutes to complete this survey. Thank
you so much for you time.
1. Which court do you preside?
(Textual response is required)
PART I
2. Are you aware of the existing periodic performance evaluation system in your
state?
Yes
No
Partly
3. How would you rate the usefulness of periodic performance evaluation of judges
with 1 being ‘very bad’ and 5 being ‘very good’?
1
2
3
4
5
4. Do you think that maintaining Annual Confidential Record objectively assess the
performance of a judicial officer?
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Yes
No
Partly
5. Do you think that ‘norms of disposal’ in your state are a comprehensive
indicator of your workload?
Yes
No
Partly
7. In terms of transparency of the evaluation process, how would you rate the
existing scheme with 1 being ‘very bad’ and 5 being ‘very good’?
1
2
3
4
5
8. How would you rate the communication process in informing the judges
regarding their performance level with 1 being ‘very bad’ and 5 being ‘very
good’?
1
2
3
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4
5
9. How would you rate the current scheme of evaluation in terms of promoting
qualitative performance with 1 being ‘very bad’ and 5 being ‘very good’?
1
2
3
4
5
10. Who should the periodic performance appraisal of the subordinate judges be
available to?
To the judge who is being evaluated
To the public to instill confidence in the court system
Within the judicial peer group
Others
If others, please specify
PART II
11. Do you think that the current scheme of promotion in your state duly rewards
better performing judges?
Yes
No
Partly
12. How would you rate the transparency in the existing promotion schemes with 1
being ‘very bad’ and 5 being ‘very good’?
1
2
3
4
5
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13. How would you rate ‘merit cum seniority’ as a criterion for promotion with 1
being ‘very bad’ and 5 being ‘very good’?
1
2
3
4
5
14. How would you rate ‘only merit’ as criterion for promotion with 1 being ‘very
bad’ and 5 being ‘very good’?
1
2
3
4
5
15. Do you think limited competitive examination is sufficient to assess the merit of a
potential candidate for promotion?
Yes
No
Partly
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Here, we have discussed the eligibility criteria and the method of recruitment when the
candidates are directly recruited as judicial officers. The provisions regarding direct
recruitment to the post of civil judges (junior division) and district judges are provided in the
Rules itself. The system of Direct Recruitment has been analysed from two perspectives;
1. Eligibility Conditions
2. Method of Recruitment
i. Eligibility conditions
It may be noted that we have focused only on such conditions of eligibility which have been
expressly mentioned in the official rules or policies available with us.
After analysing the Rules of different states, the following eligibility conditions are common
in many states;
1. Academic qualification
2. Nationality
3. Age
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4. Prohibition of bigamy
5. Good character
6. No dismissal or expulsion from the service
7. No conviction for an offence involving moral turpitude
8. No involvement in unfair practices
9. Good health
The other eligibility conditions include language (Odisha, Maharashtra, and Uttar Pradesh),
no disciplinary action by the Bar Council of India or other statutory authority (Karnataka), no
professional misconduct (Chhattisgarh) and having not more than two children
(Maharashtra). Apart from these some states prescribe a minimum number of years of
practice or that the candidate should be qualified to practice.
Academic qualification
This eligibility condition is present in almost all the states (Assam, Manipur, Odisha,
Karnataka, Tamil Nadu, Chhattisgarh, Madhya Pradesh, Maharashtra and Uttar Pradesh).
Under this eligibility condition, the candidate possessing a law degree from a university
established in India or recognised in India are eligible to be directly recruited as a civil judge
(junior division).
Nationality
This eligibility condition requires the candidates to be an Indian citizen. States like Assam,
Manipur, Odisha, Karnataka, Chhattisgarh, Madhya Pradesh, Maharashtra, Gujarat, New
Delhi have this as an eligibility condition. Uttar Pradesh also allows the candidate who is a
subject of Sikkim, a Tibetan refugee who came to India before 1st January, 1962 with the
intention of permanently settling in India, a person of Indian origin who has migrated from
Pakistan, Burma, Ceylon or any of the East African countries of Kenya, Uganda and the
United Republic of Tanzania with the intention of permanently settling in India are also
eligible to be directly recruited to the post of civil judge (junior division).
Age
This eligibility condition prescribes the age of the candidates. In New Delhi, the candidate
should not be more than 32 years old. In Uttar Pradesh, the candidates should not be less than
22 and not more than 35 years of age. In Odisha, the candidates should not be more than 21
years of age and not more than 32 years of age.
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Prohibition of Bigamy
This eligibility condition bars the male candidate who has more than one wife living or the
female candidate who is married to a man already has a wife living from directly recruited as
a civil judge (junior division). States like Assam, Manipur, Odisha, Karnataka, Chhattisgarh,
Maharashtra, Gujarat, New Delhi and Uttar Pradesh have this as an eligibility condition.
Good Character
This eligibility condition requires the candidates to be of good character. However, this
phrase ‘good character’ is not defined in the Rules and is no technique has been provided in
the Rules for judging the good character of the candidates. States like Assam, Manipur,
Odisha, Karnataka, Chhattisgarh, Madhya Pradesh, Maharashtra and Uttar Pradesh have this
as an eligibility condition.
Good health
Good health has been prescribed as an eligibility condition. A medical fitness certificate in
most states acts as a proof for this eligibility condition. States like Assam, Manipur, Odisha,
Karnataka, Chhattisgarh, Madhya Pradesh and Maharashtra have this as an eligibility
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condition. In Uttar Pradesh and Chhattisgarh, ‘good health’ means both physical and mental
health.
Language
Language has been prescribed as an eligibility condition only in the states like Odisha,
Maharashtra and Uttar Pradesh. In Odisha, the candidate should have passed examination in
Odia at the Middle English School standard. However, some states like Maharashtra, Odisha,
West Bengal, Tamil Nadu, Karnataka, Chhattisgarh, New Delhi, Uttar Pradesh and Assam
have a translation paper which tests the knowledge of vernacular language. In Assam, the
knowledge of language is tested for ten marks (out of 100 marks) by way of objective
questions in the preliminary examination.
Assam
Table 137 – Eligibility Conditions for Recruitment as Civil Judge in Assam
Eligibility Particulars
Bigamy A male candidate who has more than one wife living, or a female
candidate who has married a man already having a wife living, shall not be
eligible for appointment to any posts in the service.
Character Good character and is suitable in the opinion of the appointing authority in
all respects for appointment to the service.
Dismissal or The candidate must not have been permanently debarred or disqualified by
Expulsion the High Court or the Union Public Service Commission or any State
from Service Public Service Commission from appearing for examinations or selections
conducted by it
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Manipur
Table 138 -Eligibility Conditions for Recruitment as Civil Judge in Manipur
Eligibility Particulars
Bigamy A male candidate who has more than one wife living, or a female
candidate who has married a man already having a wife living, shall not be
eligible for appointment to any posts in the service.
Character Good character and is suitable in the opinion of the appointing authority in
all respects for appointment to the service.
Dismissal or The candidate must not have been permanently debarred or disqualified by
Expulsion the High Court or the Union Public Service Commission or any State
from Service Public Service Commission from appearing for examinations or selections
conducted by it
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Odisha
Table 139 -Eligibility Conditions for Recruitment as Civil Judge in Odisha
Eligibility Particulars
Age Not below twenty one years of age and not above thirty two years of age
on the 1st day of the month of the August of the year in which
applications are invited
Age relaxation maximum age limit shall be relaxed by five years in case of the Scheduled
Castes. Scheduled Tribes, women and Orthopaedically Handicapped
candidates and by three years in case of candidates belonging to SEBC
Health of sound health and free from any organic defects and physical infirmity
(a) Has approved service in the High Court or in any Civil or Criminal
Court sub-ordinate to High Court or in the Law Department of not less
than seven years on the last date fixed for receipt of application for the
said competitive examination; (b) Has been recommended by the
respective appointing authority; and
(c) Is not more than thirty nine years of age on the 1st day of the month of
August of the year in which applications are invited
No offence He or she should not have been convicted of an offence involving moral
involving turpitude
moral
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turpitude
No dismissal He or she should not have been dismissed from service by any High Court
from service or government or statutory or local authority or should not have been
permanently debarred or disqualified by the High Court or UPSC or any
state public service commission.
Prohibition of If he is a man and has more than one wife living and if a woman has more
bigamy has one husband or has married a man who has already another wife
living
Language able to speak, read and write Oriya fluently and must have passed an
examination in Oriya Language equivalent to that of Middle English
School standard
No unfair He or she should not directly influence the recruiting authority by any
practice means for his or her candidature.
West Bengal
Direct recruitment to posts mentioned in rule 6 (1) (a) is made be made by Governor in
accordance with WBSC recruitment rules, after consultation with High Court and the
commission. As the primary focus of the research was on performance appraisal and
promotion of judicial officers, we did not have the opportunity of examining the relevant
rules in Wes Bengal.
Karnataka
Table 140 -Eligibility Conditions for Recruitment as Civil Judge in Karnataka
Eligibility Particulars
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Conviction Must not have been convicted of an offence involving moral turpitude or
has been permanently debarred or disqualified by the High Court or the
Union Public Service Commission from appearing for examinations or
selections conducted by it or has been removed from its roll by any Bar
Council.
Disciplinary Disqualified if any penalty or punishment has been imposed by the Bar
Action Council or any disciplinary authority which makes the applicant
unsuitable for a judicial post.
Health Should be medically fit to discharge the duties of the post for which he is
appointed.
Tamil Nadu
Table 141 -Eligibility Conditions for Recruitment as Civil Judge in Tamil Nadu
Eligibility Particulars
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Chhattisgarh
Table 142 -Eligibility Conditions for Recruitment as Civil Judge in Chhattisgarh
Eligibility Particulars
Age Lower cap: 25yrs Upper cap: 35 yrs as on 1st January of the following
year.
Age relaxation A cap of 35 years which can be relaxed up to maximum limit of 5 yrs for
SC, ST and OBC and 10 yrs for women of SC, ST, OBC and General;
Additional 3yrs yrs of relaxation in both cases for temporary/ permanent
Government servant
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Health Sound health and mind and free from any disability rendering him unfit
for such appointment.
Unfair means Not eligible if attempt to obtain support for his candidature by any means
Madhya Pradesh
Table 143 -Eligibility Conditions for Recruitment as Civil Judge in Madhya Pradesh
Eligibility Particulars
Health Should be of sound health and free from any bodily defect which renders
him unfit for appointment.
No Unfair He or she should not involve in any unfair practice regarding his or her
Practice candidature
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Maharashtra
Table 144- -Eligibility Conditions for Recruitment as Civil Judge in Maharashtra
Eligibility Particulars
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Age Must have attained the age of 21 years and not more than,
The candidates must pass Marathi language test within six months as per
Government Rules.
Conviction He has been convicted of an offence involving moral turpitude or who has
been permanently debarred or disqualified by the High Court or the Union
Public Service Commission from appearing for examinations or selections
conducted by it.
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Bigamy A male candidate who has more than one wife living, or a female
candidate who has married a man already having a wife living, shall not
be eligible for appointment to any posts in the service.
Number of The candidate will not be eligible if s/he has more than two children
Children
Character Good character and is suitable in the opinion of the Appointing Authority
in all respects for appointment to the service.
Gujarat
Table 145 –Eligibility Conditions for Recruitment as Civil Judge in Gujarat
Eligibility Particulars
Years of Not less than 5 years as an advocate in courts of civil and criminal
practice jurisdictions
Age Must have attained 35 years in case of others and 38 years in case of
SC/ST
New Delhi
Table 146 –Eligibility Conditions for Recruitment as Civil Judge in New Delhi
Eligibility Particulars
Bigamy No person who has more than one wife living (Administrator can exempt if
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satisfied that special grounds exist) and no woman who is married to any
person who has a wife living shall be appointed Administrator can exempt
if satisfied that special grounds exist)
Uttar Pradesh
Table 147 –Eligibility Conditions for Recruitment as Civil Judge in Uttar Pradesh
Eligibility Particulars
(b) a Tibetan refugee who came over to India before the 1st January, 1962
with the intention of permanently settling in India, or
© a person of Indian origin who has migrated from Pakistan, Burma, Sri
Lanka or any of the East African countries of Kenya, Uganda and the
United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the
intention of permanently settling in India.
Age Must have attained 22 years of age and must not have attained more than
35 years of age.
Bigamy A male candidate who has more than one wife living, or a female candidate
who has married a man already having a wife living, shall not be eligible
for appointment to a posts in the service.
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Conviction Must not be convicted & sentenced for imprisonment or any offence under
the Indian Penal Code or any other law involving moral turpitude shall not
be eligible for appointment to the service.
Good health Good mental and bodily health and free from any physical defect likely to
interfere with efficient performance of his duties
The following table shows the method of recruitment to the post of civil judge (junior
division) and the quantitative weightage given to such examinations:
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250
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1000
850
750
200 200
150
70 100 100 100 100
50 60 50 50
15
Figure 78 Scheme of Main Examination and Viva for Direct recruitment as Civil Judges
Below is the method of recruitment in each state to the post of civil judge (junior division):
Assam
The recruitment to the post of Civil Judge (Junior Division) takes place through direct
recruitment on the basis of aggregate marks obtained in the Competitive Examination which
consists of the following:
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1. A detailed syllabus for the Main Examination is prescribed in the Clause A (2) of
Schedule B of the Assam Judicial Service Rules, 2005. The breakup of marks for the
Main Examination is as follows:
Table 150 – Scheme of Main Examination for Recruitment as Civil Judge in Assam
The object of Viva-voce examination is to assess the suitability of the candidate for the cadre
by judging the following:
Viva voce
Mental alertness
Knowledge of law
Clear and logical exposition
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Balance of judgment
Skills
Attitude
Ethics
Power of assimilation
Power of communication
Character
Intellectual depth, etc.
3. Selection of candidates is based on cumulative grade value obtained in Main and viva
voce. The mode of evaluating the performance of Grading in the Main & viva-voce
examinations shall be specified in Schedule B of the Assam Judicial Service Rules,
2005. The following tabulator is used to convert the numerical marks into grades in a
seven point scale with corresponding grade values as follows:
O 7
70% and above
A+ 6
65-69
A 5
60-64
B+ 4
55-59
B 3
50-54
C+ 2
45-49
C 1
40-44
F 0
Below 40%
4. In this manner, the result of the Main examination and viva voce will be indicating only
the cumulative evaluation grade of the candidates which moderates the inevitable
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Manipur
The recruitment to the post of Civil Judge (Junior Division) takes place through direct
recruitment on the basis of aggregate marks obtained in the Competitive Examination which
consists of the following:
Viva-Voce 70
1. A detailed syllabus for the Main Examination is prescribed in the Clause A (2) of
Schedule B of the Manipur Judicial Service Rules, 2005. The breakup of marks for the
Main Examination shall be as follows:
Table 155 – Scheme of Main Examination for Recruitment as Civil Judge in Manipur
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Tribe must obtain a minimum of 50% marks in the Main examination to be eligible for
viva-voce.
The object of Viva-voce examination is to assess the suitability of the candidate for the cadre
by judging the following:
Other criteria
Mental alertness
Knowledge of law
Clear and logical exposition
Balance of judgment
Skills
Attitude
Ethics
Power of assimilation
Power of communication
Character
Intellectual depth, etc.
Selection of candidates shall be based on cumulative grade value obtained in Main and viva
voce. The mode of evaluating the performance of Grading in the Main & viva-voce
examinations shall be specified in Schedule B of the Manipur Judicial Service Rules, 2005.
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The following tabulator is used to convert the numerical marks into grades in a seven point
scale with corresponding grade values as follows:
O 7
70% and above
A+ 6
65-69
A 5
60-64
B+ 4
55-59
B 3
50-54
C+ 2
45-49
C 1
40-44
F 0
Below 40%
In this manner, the result of the Main examination and viva voce will be indicating only the
cumulative evaluation grade of the candidates which moderates the inevitable element of
subjectivity in individual evaluation and brings in relative objectivity and fairness to much
higher degree.
The final selection list will be readied by combining the Cumulative Grade value obtained in
the Main Examination and viva voce examination.
Odisha
The main exam shall be on the following two compulsory papers and three optional papers.
Each of the compulsory subjects carries 150 marks and the examination is for duration of two
and half hours and each of the optional subjects carries 150 marks and the examination is for
duration of three hours.
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Main exam
Table 160 – Scheme of Main Examination for Recruitment as Civil Judge in Odisha
General English
Procedural Laws
Viva-voce:
Interview shall carry 100 marks. Questions to be asked in the interview may not ordinarily be
outside the syllabus prescribed for the written examination. In the interview question
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covering broad national and International issues and matters of common interest in the field
of Arts and Science may also be asked.
West Bengal
The West Bengal Public Service commission conducts examination and forwards the list of
qualified candidates in order of merit and such will be considered for appointment to
available vacant posts according to rule 6(1)(a)
The selection process conducted by the commission as per syllabus available on their website
as on 2017-
Exam Marks
200
Preliminary exam
1100
Final exam
100
Personality test
Preliminary exam:
The preliminary exam is One paper of Objective type Multiple Choice Questions of 200
marks.
Syllabus Marks
English Composition 30
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Personal Law 10
Main exam
The main exam consists of 8 compulsory papers and 3 optional papers from 8 papers of each
100 marks.
Table 163 – Scheme of Main Examination for Recruitment as Civil Judge in West
Bengal
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Karnataka
The recruitment to the post of Civil Judge (Junior Division) takes place through direct
recruitment on the basis of aggregate marks obtained in the Competitive Examination
conducted by the High Court.
Viva-Voce 100
1. The detailed syllabus for the Main examination is provided in Rule 5 II (1)(a) of the
Karnataka Judicial Service (Recruitment) Rules, 2004.
Table 165 – Scheme of Main Examination for Recruitment as Civil Judge in Karnataka
Total: 400
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From among the candidates who are eligible for viva-voce such number of candidates as is
equal to 7 times the number of vacancies notified, selected in order of merit, shall be called
for viva voce examination. The knowledge of computer/operation of laptop will be
conducted at the time of viva voce for 25 marks.
Viva-Voce 100
Total: 100
A selected list of candidates in prepared in order of merit on the basis of the aggregate marks
obtained in the Main examination & viva-voce test and published in the Official Gazette.
Tamil Nadu
The recruitment takes place through direct recruitment on the basis of a written examination
and viva voce. No candidate who has secured less than the minimum marks specified for the
written examination shall be eligible for viva-voce.
Viva voce 60
Total 460
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Table 168 – Scheme of Main Examination for Recruitment as Civil Judge in Tamil
Nadu
Table 169 – Parameters of Viva for Recruitment as Civil Judge in Tamil Nadu
Viva voce
Chhattisgarh
The Service consists of Civil Judge and Senior Civil Judge. Direct recruitment is done for
the post of Civil Judge at entry level only. Schedule I provide that such examination shall
consist of:
i. Preliminary examination
ii. Final examination
iii. Viva-voice
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Examination Particulars
- 2 Hours
Preliminary
- Objective-type questions from various laws
Examination
- Marks not specified in the Rules
- 100 marks
Final
- Meritorious candidates from prelims in 1:10
Examination
ratio are eligible
- Consists of framing issues, writing judgments
and translation
- Meritorious candidates from mains in 1:10 ratio
Viva-Voice
- Maximum 15 marks
Madhya Pradesh
The recruitment to the post of Civil Judge (Junior Division) takes place through direct
recruitment on the basis of selection through Competitive Examination. The High Court
prescribes the procedure and curriculum for holding examination for the selection of
candidates.
The Competitive Examination for recruitment for the post of Civil Judge (Junior Division),
which is conducted by the High Court, consists of the following:
Examination Particulars
Viva-Voce No particulars
The detailed syllabus for the examination is notified by the High Court at the time of
notification of vacancies.
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Maharashtra
The recruitment to the post of Civil Judge (Junior Division) takes place through direct
recruitment on the basis of aggregate marks obtained in the Competitive Examination.
For the purpose of short listing the candidates, the Recruiting Authority may, if necessary
hold preliminary examination comprising of multiple choice objective type questions, which
can be scrutinized by computers and call upon the candidates obtaining the cut-off marks, as
may be fixed by the Recruiting Authority, to appear for final examination, maintaining the
ratio of 1:10 of the available vacancies of the successful candidates.
Viva-Voce 50
The Competitive Examination consists of a Main exam & viva-voce in the following manner:
Total: 200
A candidate should obtain 50 marks in Main examination in each paper to be eligible for
viva-voce and candidate belonging to the backward communities must obtain a minimum of
45% marks in each paper of the Main examination to be eligible for viva-voce.
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Viva-voce 50
Total: 50
A selected list of candidates is prepared in order of merit on the basis of the aggregate marks
obtained in the Main examination & viva-voce and published in the Official Gazette.
Gujarat
The competitive exam for direct recruitment to the cadre of both district judge and civil judge
(junior division) are:
New Delhi
Recruitment after the initial recruitment shall be made on the basis of a competitive
examination to be held by the High Court in Delhi, preferably twice a year. Selection
committee shall call for viva-voce only such candidates qualified at written test Syllabus for
the examination:
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Table 176 – Scheme of Preliminary Examination, Main Examination and Viva for
Recruitment as Civil Judge in Guajrat
Uttar Pradesh
The recruitment to the post of Civil Judge (Junior Division) takes place through direct
recruitment on the basis of Competitive Examination as per Rule 7 of the Uttar Pradesh
Judicial Service Rules, 2001. The detailed syllabus of the Competitive Examination is
prescribed in Appendix II of the Uttar Pradesh Judicial Service Rules, 2001.
Viva-Voce 100
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The Competitive Examination for recruitment for the post of Civil Judge (Junior Division)
consists of the following:
Language 200
Viva-Voce 100
Total: 1100
The suitability of the candidate for employment in the Uttar Pradesh Judicial Service is tested
with reference to his merit giving due regard to the following:
Table 179 – Other Criteria for Recruitment as Civil Judge in Uttar Pradesh
Other criteria
Ability
Character
Personality
Physique
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B. District judges
Direct recruitment is one of the modes of getting recruited as district judges. The other modes
are through regular promotion and accelerated promotion from the cadre of senior civil judge.
When the candidate posses the eligibility conditions as prescribed in the Rules, they may
appear for the written examination which is followed by a viva voce. Based on their
performance in the written examination and the viva voce, they may be recruited to the post
of district judges.
i. Eligibility conditions
It may be noted that we have focused only on such conditions of eligibility which have been
expressly mentioned in the official rules or policies available with us.
The following are the common eligibility conditions which are expressly laid down in the
respective Rules:
Other criteria includes that the candidate should not have involved in professional misconduct
(Chhattisgarh), there should not be any disciplinary action by the Bar Council of India or
other statutory authority (Karnataka), the candidate should be proficient in the local language
(Maharashtra and Uttar Pradesh), the candidate should not have more than two children
(Maharashtra).
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Academic qualification
States like Assam, Gujarat, Karnataka, Maharashtra, Manipur, Odisha, Tamil Nadu expressly
prescribe this an eligibility condition. We have already discussed this eligibility condition in
the direct recruitment of civil judges (junior division) section.
Nationality
States like Assam, Manipur, Odisha, Chhattisgarh, New Delhi, Gujarat, Karnataka, Madhya
Pradesh, Maharashtra, Uttar Pradesh, West Bengal have this as an eligibility condition. We
have already discussed this eligibility condition in the direct recruitment of civil judges
(junior division) section.
Age
Some states prescribe a minimum age and a maximum age to be eligible to be recruited as a
district judge. Usually in such states, the candidates should not be less than 35 and should not
be more than 45. In Tamil Nadu and Karnataka, there is no minimum age requirement;
however, the candidates should not be more than 45 years of age. In Gujarat, there is no
maximum age prescribed as an eligibility condition.
Prohibition of bigamy
States like Assam, Odisha, Chhattisgarh, New Delhi, Gujarat, Karnataka, Maharashtra,
Manipur, Uttar Pradesh prescribe this as an eligibility condition. We have already discussed
this eligibility condition in the direct recruitment of civil judges (junior division) section.
Good character
States like Assam, Chhattisgarh, Gujarat, Karnataka, Maharashtra, Manipur, Uttar Pradesh
prescribe this as an eligibility condition. We have already discussed this eligibility condition
in the direct recruitment of civil judges (junior division) section.
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Good health
States like Assam, Chhattisgarh, Karnataka, Maharashtra, Madhya Pradesh, Manipur, Uttar
Pradesh, West Bengal have this as an eligibility condition. We have already discussed this
eligibility condition in the direct recruitment of civil judges (junior division) section.
Language
Only Maharashtra, Odisha and Uttar Pradesh have this as an eligibility condition. However,
in some states, like Chhattisgarh, Uttar Pradesh, Maharashtra and West Bengal, there are
translation papers which test the knowledge of language of the candidates. In Assam, the
language proficiency is tested for 10 marks.
Below are the eligibility conditions for direct recruitment to the post of district judges in
different states:
Assam
Table 180 – Eligibility Conditions for Recruitment as District Judge in Assam
Eligibility Particulars
Bigamy A male candidate who has more than one wife living, or a female
candidate who has married a man already having a wife living, shall not be
eligible for appointment to any posts in the service.
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Character Good character and is suitable in the opinion of the appointing authority in
all respects for appointment to the service.
Dismissal or The candidate must not have been permanently debarred or disqualified by
Expulsion the High Court or the Union Public Service Commission or any State
from Service Public Service Commission from appearing for examinations or selections
conducted by it
Manipur
Table 181 – Eligibility Conditions for Recruitment as District Judge in Manipur
Eligibility Particulars
Bigamy A male candidate who has more than one wife living, or a female
candidate who has married a man already having a wife living, shall not be
eligible for appointment to any posts in the service.
Character Good character and is suitable in the opinion of the appointing authority in
all respects for appointment to the service.
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Dismissal or The candidate must not have been permanently debarred or disqualified by
Expulsion the High Court or the Union Public Service Commission or any State
from Service Public Service Commission from appearing for examinations or selections
conducted by it
Odisha
Table 182 – Eligibility Conditions for Recruitment as District Judge in Odisha
Eligibility Particulars
Age not be below thirty-five years of age and above forty-five years
of age on the 1st day of August of the year in which the
advertisement for receipt of application is published
No dismissal from He or she should not have been dismissed from service by any
service High Court or government or statutory or local authority or
should not have been permanently debarred or disqualified by
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Prohibition of If he is a man and has more than one wife living and if a woman
bigamy has more has one husband or has married a man who has
already another wife living
Language able to speak, read and write Oriya fluently and must have
passed an examination in Oriya Language equivalent to that of
Middle English School standard
No unfair practice He or she should not directly influence the recruiting authority
by any means for his or her candidature.
West Bengal
Table 183 – Eligibility Conditions for Recruitment as District Judge in West Bengal
Eligibility Particulars
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Karnataka
Table 184 – Eligibility Conditions for Recruitment as District Judge in Karnataka
Eligibility Particulars
Conviction Must not have been convicted of an offence involving moral turpitude or
has been permanently debarred or disqualified by the High Court or the
Union Public Service Commission from appearing for examinations or
selections conducted by it or has been removed from its roll by any Bar
Council.
Disciplinary Disqualified if any penalty or punishment has been imposed by the Bar
Action Council or any disciplinary authority which makes the applicant unsuitable
for a judicial post.
Health Should be medically fit to discharge the duties of the post for which he is
appointed.
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Tamil Nadu
Table 185 – Eligibility Conditions for Recruitment as District Judge in Tamil Nadu
Eligibility Particulars
Years of Currently practicing on the day of notification and must have practiced as
Practice an advocate for not less than 7 years
Age Must be less than 48 years in case of SC/ST and less than 45 years in case
of others
Chhattisgarh
Table 186 – Eligibility Conditions for Recruitment as District Judge in Chhattisgarh
Eligibility Particular
Age Lower cap 35yrs. Upper cap: 45 yrs as on 1st January of the following
year.
Age relaxation A cap of 45y years which can be relaxed up to maximum limit of 3 yrs
for SC, ST and OBC
Health Sound health and mind and free from any disability rendering him unfit
for such appointment.
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Madhya Pradesh
Table 187 – Eligibility Conditions for Recruitment as District Judge in Madhya Pradesh
Eligibility Particulars
Years of Must have practiced as an Advocate or pleader for not less than 7 years
Practice
Maharashtra
Table 188– Eligibility Conditions for Recruitment as District Judge in Maharashtra
Eligibility Particulars
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Language Must be certified by the Principal Judge of the District, where the
candidate practices, or within whose jurisdiction he ordinarily resides, to
have sufficient knowledge of Marathi to enable him to speak, read, write &
translate from Marathi to English & vice-versa.
Bigamy A male candidate who has more than one wife living, or a female
candidate who has married a man already having a wife living, shall not be
eligible for appointment to any posts in the service.
Number of The candidate will not be eligible if s/he has more than two children
Children
Character Good character and is suitable in the opinion of the Appointing Authority
in all respects for appointment to the service.
Dismissal or The candidate must not have been permanently debarred or disqualified by
Expulsion the High Court or the Union Public Service Commission from appearing
from Service for examinations or selections conducted by it
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Gujarat
Table 189 – Eligibility Conditions for Recruitment as District Judge in Gujarat
Eligibility Particulars
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New Delhi
Table 190 – Eligibility Conditions for Recruitment as District Judge in New Delhi
Eligibility Particulars
Uttar Pradesh
Table 191 – Eligibility Conditions for Recruitment as District Judge in Uttar Pradesh
Eligibility Particulars
Years of Must have practiced as an Advocate for not less than 7 years
Practice
(c) a Tibetan refugee who came over to India before 1st January, 1962
with the intention of permanently settling in India, or
(d) a person of Indian origin who has migrated from Pakistan, Burma,
Ceylon or any of the East African countries of Kenya, Uganda, and the
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Bigamy A male candidate who has more than one wife living, or a female
candidate who has married a man already having a wife living, shall not be
eligible for appointment to any posts in the service.
Health No person shall be appointed to the service unless he is in good mental and
bodily health, free from any physical defect likely to interfere with the
efficient performance of his duties as a member of the service.
The direct recruitment to the post of district judges is usually through written examination
and viva voce. Only Uttar Pradesh conducts a preliminary examination in addition to the
main examination and viva voce. In Maharashtra, if it may deem necessary for the recruiting
authority, it may hold a preliminary examination.
The following table shows the method of recruitment in different states in India:
Assam NA 300 50
Manipur NA 300 50
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Odisha NA 200 30
Tamil Nadu NA 75 25
Chhattisgarh NA 200 20
Gujarat NA 200 50
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800 800
750
Figure 79 Scheme of Main Examination and Viva for Direct Recruitment as District Judge
Below is the method of recruitment to the post of district judge in each states:
Assam
For the purpose of recruitment to the cadre of District Judge the selection is done on the basis
of a Competitive Examination consisting of a main examination and viva-voce to be held at
such intervals by the High Court from time to time as determined.
Viva-Voce 50
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Table 194 – Scheme of Main Examination and Viva for Recruitment as District Judge
in Assam
Paper II 100
Total: 300
Viva 50
A detailed syllabus for the Main Examination is prescribed in the Clause A (1) of Schedule B
of the Assam Judicial Service Rules, 2005.
The object of Viva-voce examination is to assess the suitability of the candidate for the cadre
by judging the following:
Viva-voce
Mental alertness
Knowledge of law
Balance of judgment
Skills
Attitude
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Ethics
Power of assimilation
Power of communication
Character
Selection of candidates shall be based on cumulative grade value obtained in Main and viva
voce. The mode of evaluating the performance of Grading in the Main & viva-voce
examinations shall be specified in Schedule B of the Assam Judicial Service Rules, 2005. The
following tabulator is used to convert the numerical marks into grades in a seven point scale
with corresponding grade values as follows:
O 7
70% and above
A+ 6
65-69
A 5
60-64
B+ 4
55-59
B 3
50-54
C+ 2
45-49
C 1
40-44
F 0
Below 40%
In this manner, the result of the Main examination and viva voce will be indicating only the
cumulative evaluation grade of the candidates which moderates the inevitable element of
subjectivity in individual evaluation and brings in relative objectivity and fairness to much
higher degree.
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3. The final selection list will be readied by combining the Cumulative Grade value
obtained in the Main Examination and viva voce examination.
Manipur
For the purpose of recruitment to the cadre of District Judge the selection is done on the basis
of a Competitive Examination consisting of a Main examination& viva-voce to be held at
such intervals by the High Court from time to time as determined.
Viva-Voce 50
Table 198 – Scheme of Main Examination and Viva for Recruitment as District Judge
in Manipur
Paper II 100
Total: 300
Viva 50 50
A detailed syllabus for the Main Examination is prescribed in the Clause A (1) of Schedule B
of the Manipur Judicial Service Rules, 2005.
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The object of Viva-voce examination is to assess the suitability of the candidate for the cadre
by judging the following:
Other criteria
Mental alertness
Knowledge of law
Balance of judgment
Skills
Attitude
Ethics
Power of assimilation
Power of communication
Character
Selection of candidates shall be based on cumulative grade value obtained in Main and viva
voce. The mode of evaluating the performance of Grading in the Main & viva-voce
examinations shall be specified in Schedule B of the Manipur Judicial Service Rules, 2005.
The following tabulator is used to convert the numerical marks into grades in a seven point
scale with corresponding grade values as follows:
O 7
70% and above
A+ 6
65-69
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A 5
60-64
B+ 4
55-59
B 3
50-54
C+ 2
45-49
C 1
40-44
F 0
Below 40%
In this manner, the result of the Main examination and viva voce will be indicating only the
cumulative evaluation grade of the candidates which moderates the inevitable element of
subjectivity in individual evaluation and brings in relative objectivity and fairness to much
higher degree.
3. The final selection list will be readied by combining the Cumulative Grade value
obtained in the Main Examination and viva voce examination.
Odisha
The syllabus of the main examination is provided in Appendix B of the Rules-
Viva-voce 30
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Main exam: The written examination shall be on the following two papers each carrying 100
marks with a duration of 2 hours for each paper:
Table 202 – Scheme of Main Examination for Recruitment as District Judge in Odisha
West Bengal
The selection by way of direct recruitment shall be made by the High Court by way of
conducting a written examination and viva voce subject to such guidelines as may be
specified by the High Court from time to time.
Karnataka
The appointment to the cadre of District Judge takes place through Competitive Examination
which consists of the following:
Viva-Voce 100
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1. A candidate should obtain 50% marks in Main examination to be eligible for viva-voce
and a Scheduled Caste or Scheduled Tribe candidate must obtain a minimum of 45%
marks in the Main examination.
Table 204 – Scheme of Main Examination and Viva for Recruitment as District Judge
in Karnataka
Viva-Voce 100
Total: 400
Tamil Nadu
The selection shall be made based on the results of written examination and viva voce i.e, the
selection will be made on the basis of the total marks obtained by the candidates in the
written examination and viva voce taken together subject to the rule of reservation of
appointment.
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Chhattisgarh
The procedure for direct recruitment to the post of district judge will be prescribed by the
High Court. The direct recruitment will be based on main examination and viva voce and the
details of the same are provided in Schedule III of the Rules. The zone of consideration is
1:3.
Viva 20 marks
Madhya Pradesh
The appointment to the cadre of District Judge takes place through written examination
which consists of the following:
Viva-Voce No particulars
The detailed syllabus for the examination is notified by the High Court at the time of
notification of vacancies.
Maharashtra
For the purpose of recruitment to the cadre of District Judge, the selection is done on the
basis of a Main examination & viva-voce. The medium of Main examination for the post of
District Judge shall be English.
For the purpose of short listing the candidates, the Recruiting Authority may, if necessary
hold preliminary Main examination comprising of multiple choice objective type questions,
which can be scrutinized by computers and call upon the candidates obtaining the cut-off
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marks, as may be fixed by the Recruiting Authority, to appear for final examination,
maintaining the ratio of 1:10 of the available vacancies of the successful candidates.
Viva-Voce 100
Paper II 100
Total: 200
Viva 50
A candidate should obtain 50% marks in Main examination in each paper to be eligible for
viva-voce and candidate belonging to the backward communities must obtain a minimum of
45% marks in each paper of the Main examination to be eligible for viva-voce.
The object of Viva-voce examination under the Maharashtra Judicial Service Rules, 2008 is
to assess the suitability of the candidate for the cadre by judging the following:
Other criteria
Mental alertness
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Knowledge of law
Balance of judgment
Skills
Attitude
Ethics
Power of assimilation
Power of communication
Character
The mode of evaluating the performance shall be specified in numerical marks obtained in
Main& viva-voce examinations. On the basis of cumulative marks secured by a candidate a
list in order of merit is prepared.
The scheme of examination of the candidates including Main& viva-voce shall be framed by
the High Court in consultation with the Commission.
Gujarat
The scheme of competitive exam for direct recruitment to the cadre of district judge is as
follows;
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New Delhi
The High court should invite applications by advertisement.
Exam Marks
Viva-voce 250
Total 1000
The candidates are eligible to appear in viva voce only if they secure a minimum of 50% in
the written examination (45% in case of reserved category) and the candidates have to secure
a minimum of 50% (45% in case of reserved category) in viva voce to be eligible for
appointment.
Uttar Pradesh
Direct Recruitment is carried out by selection through merit on the basis of a Competitive
Examination. A preliminary examination is held for judging the suitability of the candidates.
After qualifying the preliminary examination the other stages that a candidate has to clear
consist of a Main Examination and a viva voce.
Viva-Voce 100
1. The preliminary examination shall consist of one paper consisting of 100 marks of two
hours duration from the syllabus prescribed for the written examination in Appendix
‘G’ of the Rules:
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Paper I 100
Total: 100
2. The candidates who qualify1 the Preliminary Examination have to appear in a Written
Examination. The detailed syllabus for the same is prescribed in Appendix ‘G’ of the
Uttar Pradesh Higher Judicial Service Rules, 1975.
Table 215 – Scheme of Main Examination for Recruitment as District Judge in Uttar
Pradesh
Total: 800
Viva 100
3. The candidates securing minimum aggregate 45% marks in the written examination
shall be called to appear in the Viva-voce subject to maximum thrice the number of
vacancies category-wise.
1
A candidate shall be treated to be eligible for the Main (written) examination if s/he secures a minimum 45%
marks in the preliminary examination, subject to 20 times of the number of vacancies category-wise i.e.
General, Scheduled Castes, Scheduled Tribes and Other Backward Classes. See Rule 18(1A) of the Uttar
Pradesh Higher Judicial Service Rules, 1975.
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4. In assessing the merits of a candidate the Selection Committee shall have due regard to
the candidate’s:
Table 216 – Other Criteria for Recruitment as District Judge in Uttar Pradesh
Other Criteria
Professional Ability
Character
Personality
Health.
The candidates securing minimum 40% marks in the Viva-voce shall only be eligible to
be included in the select list. The marks obtained in the Viva-voce will be added to the
marks obtained in the written papers and the candidate's place in the select list will
depend on the aggregate of both.
5. The Selection Committee makes a preliminary selection and submits the record of all
Candidates to the Chief Justice and recommends the names of the Candidates in order
of merit. The Court examines the recommendations of the Committee and having
regard to the number of direct recruits to be taken, prepares a list of selected candidates
in order of merit.
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The degree and depth of variance in different states concerning norms of disposal,
mechanism of ACR and schemes of promotion exist at numerous levels. While these
differences do exist as a matter of reality, there are no compelling reasons for many of those
differences to remain. Differences which are inevitable due to the peculiarity of
circumstances prevailing in the different States can be the exceptions to the general rule of
uniform principles.
Many of the disparities found in the policies of different states are not because of inevitable
necessities. Much of the differences exist because of isolated development of policies without
adequate comparative assessment of methodologies and approaches. This fact is most evident
when one takes into account the number of cases which have been expressly attributed
quantitative weightage under the policies of different states. The great deal of variance in the
incorporation of such entries especially when they relate to laws made by the Parliament and
not individual state legislatures suggests an absence of comparative perusal. While the list of
entries in some states is minimal, the list of entries in other states is much more detailed and
elaborate.
While some aspects of the regulations are definitely not amenable to uniformity across the
states, the same is not simply possible, but desirable in many other aspects. Policies regarding
proportionality of civil and criminal cases to be disposed of by judicial officers in their
overall disposal are best decided keeping in mind the pendency issue in individual states.
Similarly, the policies regarding incentive weightage to promote disposals of certain
categories of cases are also best decided by keeping in mind the litigation and pendency
statistics in a state. However, it would be difficult to argue that the same category of case
should carry different quantitative weightage in different states. It would also be difficult to
accept that barring issues of lack of pendency, the expected quantitative output of judges
should differ substantially from state to state. It would be unfair if a similar rating can be
earned by a judicial officer by doing significantly less than it takes a judicial officer in
another state to earn a similar rating. It is also not unreasonable to hope that it is possible to
have objective assessment methodologies in relation to different criteria of promotion across
the states. While evaluation of judgements as a criterion of promotion in one state is
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happening in a structured manner, it is not fair if the same is happening in another state under
non-institutionalised and ad hoc parameters. Similarly, it is unfair when workload of judicial
officers is proportionately reduced in one state on account of any leave availed by them; the
judicial officers in another state do not get any such concession. It is also quite feasible to
have a common and integrated strategy for promoting disposal of old cases. While additional
weightage is awarded in some states only for disposal of cases which are 7 years old, in some
other states different degrees of additional weightage are awarded for a range of old cases
from 1 year old to 10 years old.
After examining the official policies of all the identified states for the purposes of this
research, it is submitted that it would be extremely feasible to develop common principles
and policies in the following aspects of performance appraisal and promotion schemes;
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Currently, different states adopt different quantitative benchmarks in relation and different
ratings scale with a variety of nomenclature. For example, even in states which have a 4 point
rating scale, the corresponding entry of ‘Good’ in one state is ‘Average’ in another. The
ranges in which quantitative benchmarks are express also vary. While in one State it would
take 1600 units in a year to earn the highest possible rating, it would take 1200 in another.
These differences are primarily based on the fact that the scale at which entries are given
quantitative weightage differs from state to state. The number of units allotted to a case of
culpable homicide ranges from 1 to 8. With the same scheme of quantitative weightage for
entries in all the states, the prescription of quantitative benchmarks can also be equalised
across the states. It should also be feasible to determine a common rating scale which would
be applicable in all the states.
Currently, the states are dealing with the issue of adjusting administrative responsibilities in
the quantitative output of judicial officers in a variety of ways. It is quite feasible to develop a
common approach in this respect of attaching a certain weightage to administrative positions.
While there can be differences as regards the extent of weightage which is attached to
different administrative positions depending on the nature of position and the quantum of
work, there can be a uniform approach in the methodology of dealing with this issue.
Identifying individual administrative responsibilities (inspection of courts etc) and granting
quantitative weightage for such specific responsibilities may not be a pragmatic idea.
The duties of judicial officers, apart from rendering judgements, comprise of many other
judicial functions. To confine the quantitative assessment of the work done by a judicial
officer to only cases disposed of by him would not be reflective of reality. Thus, other
judicial functions in the nature of examination of witnesses, recording statements, conducting
test identification parade etc. should be given quantitative weightage. It is quite feasible to
conceptualise the range of such judicial functions which would be mostly common across
different states.
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While workload of judicial officers in some states is reduced for every leave availed by them,
there exists no express concession of such nature. A balanced approach in this respect can be
developed so as to ensure that the requirement of ensuring a healthy rate of disposal does not
result in a stressful work environment for judicial officers. Thus, leave taken in relation to
certain matters may be adjusted in calculation of the quantitative workload of judicial officers
and not all.
While the duration for which concession may be granted and the extent of such concession
may depend on the differences in the training period and probation period in different states,
there can be uniformity of approach in relation to institutionally recognise certain relaxation
for newly recruited judicial officers in terms of the quantitative benchmarks applicable to
them.
While there already exist great degrees of similarities on the category of questions which are
addressed in the ACR proforma of a judicial officer by his reporting officer, the differences
pertain to the details of the questions and also the number of questions. It is quite possible to
develop a common template with a prioritized distribution of questions in relation to the
various aspects of a judicial officer’s performance evaluation.
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It would be quite reasonable to expect that any kind of rating should be based on a
quantitative yardstick. In the absence of clarity on the quantitative weightage of different
kinds of questions and an overall scheme of ratings based on ranges of quantitative
yardsticks, any practice of awarding ratings becomes highly subjective. How does a person
move from being ‘Good’ to ‘Very Good’? Unless there is a clear and pre-determine
quantitative range in order to determine the applicability of different ratings, it becomes a
fertile ground for exercise of unregulated discretion. Thus, a common rating scale and a
corresponding range of quantitative yardstick may be developed in this respect.
Across different states, while there is variety in terms of the criteria of promotion in different
cadres, many criteria have been adopted in a majority of the states. In terms of developing
uniformity in criteria, it is felt that the same can be done by distinguishing criteria which are
capable of quantitative measurement and criteria which are not. Criteria such as Evaluation of
Judgements, Evaluation of ACRs and Assessment of Disposal Records can be measured
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quantitatively and examples of the same can be seen in many states as well. On the other
hand, would not be appropriate to list factors such as Integrity, Character, Honesty, Pendency
of Departmental Enquiry or Vigilance Report as a criterion as the same cannot ideally be
expressed quantitatively. It is not possible to determine the integrity percentage of an officer.
Thus, such factors should be conditions of disqualification and not a part of criteria. If an
officer has adverse findings in these respects, he may be disqualified from promotion till the
adverse finding is settled. Once this distinction is institutionalised, it would be feasible to
have certain uniform criteria which can be quantitatively measured.
Once the criteria of promotion consist primarily of factors which can be quantitatively
measured, it would be feasible to develop common assessment methodologies in relation to
different criterion. The Evaluation of ACRs can be quantitatively linked to the ratings
received by the judicial officer in his ACR. For example, he may be entitled to 5 marks for a
rating of Outstanding and 4 marks for a rating of Very Good and so on. Similarly, ratings
received by an officer in relation to his disposal records can also be linked with a relative
scale quantitative weightage.
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