Court Craft includes all that is helpful in minimizing, managing the inter se competitive rivalry of different stakeholders and their aspirations.
It is the sum total of all the activities undertaken to remove the obstacles coming in the way of securing justice and to placate the destructive forces.
Court craft is an art and effort in the hands of a judge and the justice delivery system.
A judge is a craftsman in his Court to deliver the end product Justice, as per predefined norms/ standards within a reasonable time with a time frame ensuring reasonable cooperation of all the forces playing in this field.
Transparent cooperation is coordinaton and opaque coordinaton is conspiracy. Even translucent system is a challenge to justice.
A judge must ensure the free and easy access to one and all.
Court is not the judge alone. It includes the litigant in / for the center of Court. It has the most active force of lawyers. The clerical staff, the jail personal, the police force, the forensic people, all are the components of effective Court system.
All these compete, compliment, supplement, each other.
Since they compete they cause friction.
Court craft is necessary to minimize this friction and ensure hassel free journey of justice.
There are laws to arm the judge, the advocates, the litigants to use the art/craft...
Court craft needs identifying the components of a court .
Firstly Law
2) litigants both sides
3) Services providers
I) within the court
2) outside the court.
4) Lawyers
5) Different stake holders and forces : official
6) unofficial forces around court.
7) Economics around court
8) Economics of the court system
9) Customs and usages around the systems
10) Lows and highs of the system.
12) Risk, identification and management thereof
11) Presiding officer : a judge..
a) Judge' position
b)Duties
c) Responsibilities
d) rights
e) limitation
f) judge and law
g) judge and litigants
Court craft required for a judge is different from the craft required for an advocate.
An advocate needs to know the judge, play the the tune that pleases the judge and compete in this art with his fellow advocates. An advocate in order to be à successful advocate where ever he is practicing must know well about the flow of clients who would engage him and further take care of the economics around the profession.
A judge cannot. He is not occupying the chair by way of choice of litigants or advocates. He is not to please either parties or the advocates. He must not connect with them in any personal capacity save and except as a judge during court hours only. A judge has no business to unnecessarily probe the individual details of either parties or advocate. He must not be rude but he must be strict as a judge as per law and sober as a judge