Qualities of a judge

1. ROLE PLAY
DEALING CASES UNDER
MAINTENANCE AND WELFARE OF PARENTS
AND SENIOR CITIZENS ACT- 2007
TRIAL IN
SUB DIVISIONAL MAGISTRATE COURT.
TIME-15 MINUTES

38. QUALITIES OF A JUDGE
• GUIDE LINES TO EXECUTIVE/
• Sub Divisional Magistrates.

39. QUALITIES OF A MAGISTRATE.
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In India, the tradition is to consider judges
as God. The perception, from time
immemorial, is that judges are God-incarnate
and it is God Himself who dispenses justice
through human agency.

40. 4 THINGS FOR THE IMPROVEMENT OF A GREAT JUDGE.
(ADVICE OF SOCRATES)
.
 1. To Hear Courteously.
 2. To Answer wisely.
 3. To Consider soberly.
 4. To Decide impartially.
 A successful judicial system is a hallmark of any
developed civilization.
 Goals-control of crime &protection of individual rights.

41. (QUALITIES OF A MAGISTRATE)
 He should have the judicial instinct.
 He should have Impeccable integrity & Honesty.
 He must decide the case without fear or favour,
affection or ill will, friend or foe..
justice must not only be done but should appear to
be done
.

42. QUALITIES OF A MAGISTRATE.
.
. I do not think that there is any greater
quality that is required of a judge than his
judicial instinct and sense of integrity and
honesty.
Justice
Lahotia.

43. QUALITIES OF A MAGISTRATE.
All our Dharmashastras and smruthis with
one voice lay down that dispensation of
justice is the highest ‘Dharma’ of judges. He
says that if a judge fails to dispense justice
and upholds injustice, he is sure to suffer for
his act.

44. QUALITIES OF A MAGISTRATE.
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 Judicial education is one of the most effective
and perhaps an indispensable means for
enhancing the fair administration of justice
PAUL M LEE

45. BEFORE HEARING BY MAGISTRATE.
1. Ensure service of notices.
2. Ensure Parties Present are are properly
authorised .
3. Ensure punctuality.
4. Ensure all records & Reports are in the file.
5. Up-to-date knowledge of the law.

46. DURING HEARING BY MAGISTRATE.
1. Courtesy towards the members.
2. Open mindedness.
3. Patient listening-(Avoid interruption & Argument-what should
be asked should be asked.what shoul not be asked should be
avoided.)
4. Respect the court staff. (Don’t expose their mistake to the public
eye).
5. Don’t loose your temper.

47. QUALITIES OF A MAGISTRATE
Critical Thinking --
Using logic and reasoning to
identify the strengths and weaknesses of
alternative solutions, conclusions or
approaches to problems.

48. QUALITIES OF A MAGISTRATE
Social Perceptiveness --
Being aware of others' reactions and
understanding why they react as they do.

49. QUALITIES OF A MAGISTRATE
Courage and Integrity: Legal “Courage” is “the
willingness to do what the law requires the judge to
do even though the course the judge must follow is
not the popular one”. “Integrity” is not being
influenced by the identity, race, gender, political
status, wealth or relationship of the party or lawyer
before the judge. More basically it is not doing what
the judge knows to be wrong. A judicial applicant
should possess both courage and integrity

50. QUALITIES OF A MAGISTRATE
Intellectual honesty.
It means that you should have an open-mind, be receptive to
arguments, be prepared and willing to learn, and be courageous
enough to accept that you can be wrong and should take pains to
deal with every argument advanced in the case.
It also means that you shall not conveniently omit to deal with
arguments or citation of authorities which are at variance with
what you feel should be the right decision in the case.
Trust is like an eraser it gets smaller and smaller….(after
every mistake)

51. QUALITIES OF A MAGISTRATE
Negotiation --
Bringing others together and trying to
reconcile differences

52. QUALITIES OF A MAGISTRATE
Persuasion --
Persuading others to change their
minds or behavior.

53. QUALITIES OF A MAGISTRATE
Management of Personnel Resources --
Motivating, developing, and directing people
as they work, identifying the best people for the
job.

54. QUALITIES OF A MAGISTRATE
Independence:
, independence means being free of any
loyalties, duties or interests that might
inappropriately influence the performance of a
judicial officer’s functions

55. QUALITIES OF A MAGISTRATE
Impartiality:
Impartiality is closely aligned to independence.
It lies at the heart of judicial function and it is reflected
in the oath of office. All litigants must be treated
equally without regard to wealth, influence,
circumstances of birth or any other factor whatsoever.
Impartiality guarantees the existence of rule of la

56. QUALITIES OF A MAGISTRATE
Patience:
It is commonly said that patience is a virtue. It is
an important attribute of a sound judicial officer. A
judicial officer needs to be patient particularly when
listening to evidence that is implausible or to
submissions that are dubious and unattainable.
Natural justice requires that the parties be given fair
opportunity to present their cases before a decision is
made

57. QUALITIES OF A MAGISTRATE
 Communicaion skills:
 This is the ability to express oneself clearly,
concisely, and grammatically, whether orally or
in writing. It includes the ability to listen.

 A magistrate must have strong oral and written
skills. He must be able to express him or
herself well both orally and in writing

58. QUALITIES OF A MAGISTRATE
Courtesy:
Everyone who comes before the Court is entitled to be
treated with courtesy and respect, even those who are
accused of heinous or despicable crimes deserve some
respect. If litigants or counsel are throwing barbs at each
other in offensive or disruptive manner, you must order
them to stop. If a counsel is shouting at a witness in a
humiliating manner, you must order him to desist from
doing that.

59. QUALITIES OF A MAGISTRATE
Prompt Disposal of Cases:
This is a constitutional requirement. A
good judicial officer must dispose of matters
before him promptly, efficiently and diligently.
You must demonstrate due regard for the rights
of the parties to have their cases heard and
disposed off without unnecessary delay. You
must be in control of Your Courts to eliminate
dilatory practices, avoidable delays and
unnecessary adjournments.

60. QUALITIES OF A MAGISTRATE
 Precedent and reasoning go hand in hand. Lord Devlin says that he
would prefer to use a precedent as a mountaineer’s rope rather than a
hangmen’s rope. A precedent embalms a principle; it constitutes the
foundation of legal reasoning. A well-trained judge would prefer to follow
a precedent, for it provides him with the “most conclusive logic”, in the
words of Andrew Goodman, a barrister of repute. But the use of
precedents requires care. One could easily get lost in the maze of
precedents. A precedent many times inspires you to chart unknown
territory. It may help you improvise and innovate. But in all this, there has
to be a sense of proportion and as member of the Tribunal you should
be able to keep the precedents to the minimum, since your order must
contain all the relevant factual findings and the mandate of the Act for
you is to find the facts. Judge Hammerton it was who said that “Get the
facts first and the law will follow”.
.

63.  .
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