The Supreme Court of India has highlighted the urgent need to provide mandatory training for judges presiding over commercial courts before they take charge. This call was made while hearing a plea concerning the implementation of the Commercial Courts Act, 2015, filed by the Indian Commercial and Arbitration Bar Association (ICABA).
“We expect that Presiding Officers of commercial courts should be imparted some training, orientation or refresher course to apprise them about the nature of commercial disputes... The prolonged pendency of such disputes has a cascading effect on the nation's economy,” the Court emphasized.
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The bench, comprising Justices Surya Kant and N. Kotiswar Singh, was examining how effectively commercial courts are functioning and whether they are equipped to handle the growing number of commercial disputes across the country.
ICABA, in its petition, raised concerns about the lack of proper infrastructure and the shortage of commercial courts and appellate benches, which is hindering timely justice. The Court, noting these issues, stressed the importance of judicial preparedness and specialization in handling such cases.
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Earlier in 2023, the Supreme Court had directed the Union Government to report on the status of commercial courts across all states and union territories. In a follow-up in February, the Court also asked High Courts to submit data on the pendency of commercial cases and the available infrastructure.
During the latest hearing, the Supreme Court reviewed the data submitted by various High Courts. However, it found the information incomplete and sought further clarification on:
- The average duration of pending commercial disputes in trial and appellate courts
- Whether any training mechanisms are in place for judges being posted to commercial courts
- The requirement for more commercial courts and benches in different regions
“These white elephants of judicial academies are not being utilized properly,” remarked Justice Surya Kant during the hearing.
“At least one to two months of training should be given to officers in judicial academies before posting. They should also attend refresher courses on weekends.”
He expressed dissatisfaction that no High Court currently offers dedicated training for judges handling commercial disputes. The bench stressed the need to take steps in a phased manner to assess and improve infrastructure and meet the statutory timelines for commercial dispute resolution.
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Additionally, based on a counsel’s submission, the Court extended its observations to include commercial benches in High Courts with original jurisdiction.
“Let’s see—if we are to meet the statute’s timeline, then how many more courts are needed in each state? We will handle this in stages,” Justice Kant added.
Case Title: INDIAN COMMERCIAL AND ARBITRATION BAR ASSOCIATION (ICABA) Versus UNION OF INDIA AND ORS., W.P.(C) No. 900/2020
