The Imagination and Reality of Court Managers in India

The Court Manager (CM) post was created in India in 2010 to improve court functioning. The imagination of the policymakers was that CMs would work in the diverse areas related to court management, including work for policy and standards, planning, information and standards, court and case management, human resource management, core system management, and IT system management. A few studies reported that the judges are reluctant to give the expected powers to the CMs. This study aims to check the utilization level of CMs. For this purpose, an interview schedule and a five-point Likert questionnaire were created. Thirty-one CMs were interviewed, and responses were taken from forty-one CMs using a questionnaire. Interviews were analyzed using content analysis, and the questionnaire was analyzed using mean scores. The reasons preventing the full utilization of the position of CM are discussed. Results reflect that CMs need adequate empowerment and support to make decisions for their imagined role. Based on the suggestions of the CMs, recommendations are given to better utilize this position by the Indian judicial system.

from CMs for similar questions were skewed in the opposite direction.For example, 53% of CMs reported not being involved in court administration.86% of CMs reported that they do not design programmes for case management.83.3 per cent of them reported that their services could be utilized fully.Kaul (2020) also tried to find out the reasons for the ineffective implementation of this scheme.The list of reasons included causing ineffective implementation of the designation of CM.These reasons include the need for clarity of roles, contractual position, lack of promotional structure, dependence on judges for task directions etc.
In a conference paper by Pathak (2019), a CM raised concerns in a hesitant voice related to CMs about disaffection from other court staff members.

THE REALITY OF CMs GLOBALLY
The idea of CMs is not exclusive to India; it has been used in varied ways by other court systems across the world.The function of court administrators has been well-established in the US for many years.These administrators oversee a variety of duties, such as system development, personnel management, and record keeping (Flanders, 1991).The job of a court administrator requires more than simply technical management abilities; it also Kumar and Suthar International Journal for Court Administration DOI: 10.36745/ijca.496calls for a capacity for leadership (Foster, 2013).Because of the distinct separation of duties and authority in the American model, court administrators have been successfully incorporated into the legal system (Martin & Maron, 1991).
Similar arrangements exist in the UK, where Court Service Managers take care of the administrative duties so judges may concentrate on the law.In the UK, colleges play a significant role in the professional training of court administrators, which speaks to the maturity of the discipline (Baar, 2005).
Australia has likewise developed a management strategy for conducting judicial proceedings.In Australian courts, Registry Managers oversee managing the administrative duties, such as case administration and public interaction (Foster, 2013).These managers are seen as a crucial component of the legal system and have been granted a great deal of autonomy (Nelson & Wright, 2016).
These global models' comparative study reveals certain recurring features.First off, the distinct separation of administrative and judicial tasks in these nations is substantially responsible for the effectiveness of court administration positions (Martin & Maron, 1991).Second, regular training and skill-development programs have been implemented with the increasing incorporation of these responsibilities into the court system (Baar, 2005).
The global backdrop sheds important light on the possible efficacy of court managers in India.In nations like the United States, the United Kingdom, and Australia, it appears that judges' unwillingness to distribute authority is less of a problem than it is in the Indian setting.This may be credited to the judiciary's explicit policy directives and cultural acceptance of administrative functions.

RESEARCH GAP
The existing literature has tried to explore the level of utilization of CMs, but it has limitations.For example, Oberoi (2017) has made conclusions based on observation.
It lacks data support.The study of Kochar and Zende (2019) has not addressed the utilization levels at each function level of CMs.Though the issue of non-utilization of CMs has been discussed in some workshops there is no detailed empirical study to understand the utilization levels of CMs.For the smooth functioning of any role, empowerment of the employee is very important.They need adequate resources to perform their functions.
Thus, it is important to understand the level of empowerment of CMs and analyse whether they are getting adequate resources or not to perform their duties.

METHODOLOGY
To understand the reality of CMs through empirical data a mixed-method approach was chosen.Data was collected using qualitative and quantitative methods.

Sampling
The Snowball sampling method was used to collect the data.to the questionnaire were considered for analysis.Tables 1 and 2 mention the demographic variables, state, and gender-wise sample frequency and percentage of interview and questionnaire respondents respectively.

Data Collection Procedure and Tools
Data was collected using a structured interview schedule (See Table 2) and a questionnaire (See Table 4).The interview schedule included nine questions related to tasks performed, problems faced, suggestions for improvements etc. with respect to the position of CM.The questionnaire (See Table 3) included items related to perceived empowerment to perform the expected roles.Interviews were analysed using content analysis.Interview transcripts were divided into similar codes for each question.Based on the codes, patterns were derived.
The questionnaire was analysed using a mean score for getting an overview of the perceived empowerment and getting adequate resources to perform tasks connected with their expected roles.

Interviews Analysis
The findings of the interviews are discussed as follows: Role of CMs in Policies and Standards of the Court.The first question was asked related to the actual role played by the CM in the policies and standards of the court.Most of the respondents reported that they did nothing for the policies and standards of the court.One male CM reported that he does an advisory role in the court.Two CMs from UP state reported that they wait for high court directions for compliance with duties and responsibilities.Similarly, two other CMs reported that they do whatever is asked by the higher authority.One CM from Orissa state reported that he ensures the data collection from the subordinate courts related to the pendency of cases.Insights from the interviews suggest that CMs do not get adequate opportunities in making policies and standards related to courts.They are only doing whatever is asked by the higher authorities.
These tasks are generally clerical in nature.Role of CMs in in case management.The majority of CMs reported that due to the lack of power they rarely do anything for case management.

Role of
However, some CMs asserted that for case management they take attendance of the official witnesses.They ensure compliance with reports as asked by the higher authorities.They are not allowed to say something.
Some reported that they coordinate with the police department to the District Legal Services Authority and Lok Adalat for the execution of orders.
In the case of management, the role of CMs is limited to taking attendance of witnesses and coordinating with stakeholders for case hearings.
Role of CMs in quality management of the court.Most of the responses reported that CMs do not have adequate powers and support to ensure quality management.Their role is mainly suggestive.Some CMs reported that they work to ensure well-furnished court rooms.One CM from Orissa reported that he worked on the recruitment software in coordination with the National Informatics Centre and implemented the optimisers system for storing of records.He was also involved in the implementation of the biometric attendance system.
Role of CMs in IT system management.More than one-third of CMs reported that they have no role in IT system management.Other CMs reported that they have some role in it such as reporting any IT system related to higher authorities, ensuring the upload of the data on the database, and implementing the Government e-Marketplace (GeM) for the purchase of materials.They also need to check random 5% data for accuracy.Comparatively more positive responses were received related to IT system management.CM's voice is more heard by IT staff as compared to other ministerial court staff.The contract or private nature of IT staff job can be a reason for this.

Questionnaire Analysis
The questionnaire was analysed using pi-charts and mean scores.punctuality depict that higher authorities listen to complaints against latecomers.This is a normal practice for any office.But disagreement of 37.5% of CMs to ensure punctuality depicts a sad picture of their non-utilization in ensuring punctuality.
Figure 3 depicts that 22.5% of respondents agreed and 57.5% disagreed that they feel empowered by the judicial system to ensure timely disposal of the cases in the court.The majority of the CMs do not feel empowered to ensure the timely disposal of court cases.CMs can ensure the better coordination of case stakeholders to avoid adjournments but judges have a bigger influence on timeliness related to court cases.
Figure 4 depicts that 55% of respondents agreed and 32.5% disagreed that they feel empowered to improve the functioning of the court.This outcome suggests that a significant number of CMs do not feel empowered to improve court functioning.
Improving court functioning can be done through advice and/or changes.Interviews findings suggest that the role of CMs is advisory in nature.They do not have adequate power and resources to improve court functioning.
Figure 5 depicts that 57.5% of respondents agreed and 25% disagreed that their decision is important for infrastructure-related policies.Findings suggest that in infrastructure-related matters CMs have a comparatively stronger role.Some CMs reported in the interviews that they do assessments related to infrastructure requirements.Their advice related to infrastructure-related projects is taken into consideration by the higher authorities.Figure 7 depicts that 40% of respondents agreed and 47.5% disagreed that they feel empowered to take decisions for the case management of the court.Thus, CMs also not getting adequate empowerment to improve case management.
Figure 8 depicts that 45% of respondents agreed and 42.5 disagreed that stakeholders support them to evaluate the compliance of the court with performance standards.
Figure 9 depicts that 35% of respondents agreed and 50% disagreed that they get the support of the stakeholders to identify the steps required to achieve compliance with performance standards.Findings suggest that CMs are not getting adequate support     13).The majority of CMs reported that do not get support from stakeholders for a 5-year court development plan (See Figure 14).
Ensuring statistics accuracy is one of the expected duties of CMs.Most of the CMs reported that they can ensure that statistics on all aspects of the court functioning are compiled    For optimum utilization of resources and reduction of operations, the cost is an important factor but unfortunately, 47.5% of CMs do not feel empowered to reduce the operational cost of the court (See Figure 18).To manage cases effectively, high courts issue policies regarding the procedure of court cases and CMs are expected to ensure compliance with these procedures.A significant number of CMs do not feel empowered to ensure this duty (See Figure 19).Similar findings are derived related to the sense of empowerment for ensuring the efficiency of the courts (See Figure 20).
To provide free legal support to needy people provision of legal aid is made.CMs are expected to ensure that needy people should get legal aid.Most of the CMs do not feel empowered to ensure legal aid in court cases (See Figure 21).The reality related to practical powers to ensure the quality of adjudication standards and human resource management of ministerial staff established by the high court is also not in good  IT system management was an imagined duty of CMs and reality about this aspect needs improvement as only 55% of CMs reported being empowered to ensure standards established by the high court related to IT system management (See Figure 24).Due to the lack of power and acceptance of CM in the court system IT staff also do not follow the instructions of CMs (See Figure 25).

Figure 2 Figure 2
Figure 2 depicts that 45% of respondents agreed and 37.5 disagreed that they feel empowered by the judicial system to ensure punctuality within the court.Punctuality is expected in every office.More number of CMs reporting empowerment in ensuring

Figure 3 Figure 4
Figure 3 Pie chart of the responses to the Question 'I feel empowered by the judicial system to ensure timely disposal of the cases in the court.'

Figure 5 Figure 6 Figure 7
Figure 5 Pie chart of the responses to the Question 'My decision is important for infrastructure related policies.'

Figure 10
Figure10depicts that 20% of respondents agreed and 60% disagreed that they have adequate resources to evaluate performance court standards.The findings suggest that CMs lack the resources to evaluate performance standards.Interviews reported that CMs do not have any subordinate staff to perform the tasks.Lack of support from court staff makes it more difficult to perform this task.

Figure 11
Figure 11 depicts that 32.5% of respondents agreed and 47.5 disagreed that they get adequate support from various stakeholders to prepare five years court development plan.Figure 12 depicts that 22.5% of respondents agreed and 67.5 disagreed that

Figure 8 Figure 9 Figure 10
Figure 8 Pie chart of the responses to the Question 'Stakeholders support me to evaluate the compliance of the court with performance standards.'

Figure 11 Figure 12 Figure 13
Figure 11 Pie chart of the responses to the Question 'I get adequate support of various stakeholders to prepare 5 years court development plan.'

Figure 14
Figure 14 Pie chart of the responses to the Question 'I get required support from the stakeholders for fiveyear court development plan.

Figure 15
Figure 15 Pie chart of the responses to the Question 'I can ensure that statistics on all aspects of the court functioning are compiled accurately.

Figure 16 Figure 17
Figure 16 Pie chart of the responses to the Question 'I get required support from the stakeholders for getting required data.'

Figure 18
Figure 18 Pie chart of the responses to the Question 'I feel empowered to reduce operational cost of the court'.

Figure 20 Figure 19
Figure 20 Pie chart of the responses to the Question 'I feel empowered to ensure to ensure efficiency in the court cases.'

Figure 21 Figure 22 Figure 23
Figure 21 Pie chart of the responses to the Question 'I feel empowered to ensure access to legal aid in court cases.'

Table 3
Interview Schedule.
QUESTION MEANQ1.I feel empowered by the judicial system to ensure punctuality within the court.3.23 Q2.I feel empowered by the judicial system to ensure timely disposal of the cases in the court.2.46 Q3.I feel empowered to improve functioning of the court.3.20 Q4.My decision is important for infrastructure related policies.3.53 Q5.I feel empowered to take decision for human resources related policies.2.90 Q6.I feel empowered to take decision for the case management of the court.2.82 Q7.Stakeholders support me to evaluate the compliance of the court with performance standards.2.87 Q8.I get support of the stakeholders to identify the steps required to achieve compliance of performance standards.2.64 Q9.I have adequate resources to evaluate performance court standards.2.15 Q10.I get adequate support of various stakeholders to prepare 5 years court development plan.2.56 Q11.I get adequate support of stakeholders to monitor the implementation of five-year court development plan.2.26 Q12.My report to the higher authorities for the progress of the five-year court development has been taken seriously.2.49 Q13.I get required support from the stakeholders for five-year court development plan.2.56 Q14.I can ensure that statistics on all aspects of the court functioning are compiled accurately.3.05 Q15.I get required support from the stakeholders for getting required data.Q23.I feel empowered to ensure that the IT systems of the court comply with standards established by the High Court are fully functional.3.15 Q24.IT staff follows my instructions related to IT system management.2.97 Table 4 Pie chart of the responses to the Question.Kumar and Suthar One CM reported that he must make phone calls to witnesses regarding the case.Insights from interviews suggest that CMs are not getting adequate opportunities and empowerment in court planning.They are doing jobs like calling witnesses regarding cases.Duties of similar nature can also be done by a less qualified person.
CMs in the planning of the court.The majority of CM reported that they were doing nothing in the planning of the court.However, a CM from Uttar Pradesh reported that his duties included identifying the required resources to ensure the smooth functioning of court proceedings, examining proper data filling in the IT room, and examining court infrastructure and trying to get them completed accordingly.He also ensured adequate resources to litigants, advocates, witnesses, and others on the court premises.His duty also included repair & maintenance of court infrastructure and communicating with High Court via District Judge regarding funds.Four CM reported that they work on infrastructure development.workas per the policies and standards of the High Court.One female CM from Maharashtra reported that she does advisory roles related installation of CCTV cameras, mobile compactors, public addressing systems etc.One CM from Orrisa reported that he ensures that funds are fully utilized without surrender.Findings from the interviews suggest that CMs do not get adequate opportunities to manage the court.Judges Kumar and Suthar