New Delhi (ABC Live):Guardian Judges :The role of administrative judges or inspecting judges as they are known with various names in the various High Courts in India.
We need to know that they are known as guardian judges since they act as parent judges to the session judges of the district court. By acting in the capacity of an inspecting judge not only that they enjoy the control and supervisory powers but they also act as a mentor who guides them to the right path, once they commit a error either by not appreciating the facts of the case in the appropriate manner or if there is a lack in knowledge of law or they do not dispose the case within the given time, even grammatical errors are at times noted and corrected by these judges.
Inspecting judges/ Guardian Judges were introduced after independence during a time when the cases before the judiciary were few and these functions were practically possible to be done effectively by these appointed administrative judges, whereas today when there are around two or three sessions under one judge he will have to write an ACR for approximately forty to fifty judges who are far and near from the high court in a particular year so devoting his time not only in his court but also to analyze these judges may not be practically possible .
we see that due to these difficulties faced there are few grey areas in the system due to which there occurs cases where judges write the ACR without looking into the merits and demerits of particular judge in the district sessions court. Also these reports do not take away the power from the sessions judge only helps them in getting better, because any judge even a session judge acting in his capacity is delivering a sovereign function and if there is a constant watch on him he might not enjoy complete immunity and freedom in delivering justice.
Generally the essential role of these guardian judges will be supervisory and control over the district session judges who are under them.
In Chapter III of the Rules of Court, 1952, made by the Allahabad High Court, there is a mention of the appointment and role of the inspecting judge, Guardian Judges . The Chief Justice shall nominate and assign one session division to each Hon’ble Judge as Inspecting Judge of that division for a period of one year.
In a given situation, however, the Chief Justice may assign more than one sessions division to one Inspecting Judge, Guardian Judges and more than one Inspecting Judges to hold the charge of one sessions division.
“Matters” which are within the jurisdiction of the Inspecting Judge are as under Review of Judicial work of subordinate Courts, and control of their working including inspection thereof, to record entries in the character rolls of the officers posted in the division assigned to the Inspecting Judge.
Evaluation of inspection reports made by the presiding officers in respect of their own offices, audit reports received from those courts, tribunals, and to make orders thereon.
Grant of casual leave (including special casual leave) and permission to leave headquarters to the District and Sessions Judge, Presiding Officers of the tribunals and special Courts etc. howsoever designated. Disposal of appeal against orders of punishment imposed on and representations etc., of the employees of the subordinate Courts.
Any adverse remarks or strictures made by Inspecting Judge about Judicial work, conduct or integrity of any officer under his charge will be communicated to the officer concerned, who may make his representations, if any, within a month and the same shall be placed before the Administrative Committee for consideration and decision.
Administrative Committee shall be a committee composed of the Chief Justice, two senior most Judges and six Judges to be nominated by the Chief Justice. The High Court has over all control and supervisory jurisdiction under article 227 of the constitution of India, is expected to monitor and even call for quarterly report from the court concerned for speedy disposal.
The disposal of the case and the recovery of speedy justice is not only the right of the accused but as well the responsibility of the judiciary (accused is entitled to speedy justice in as much as it is the duty of all incharge in dispensation of justice to see that the issues reaches its end as early as possible.)