The ongoing backlog of cases in Bangladesh demonstrates the stark fact that administration of justice in the country is caught in a web of procedural hazards. Poor case management and weak court administration, inefficiency and corruption in combination have led to a vicious cycle that continues to aggravate the crisis. The huge backlog of cases is really a concern for all.
The Law Commission of Bangladesh has identified some reasons for the delay in disposal of civil cases in the subordinate courts, which cover both procedural as well as practical loopholes. These are as follows: (a) Abundant number of cases in the subordinate courts, (b) Absence of specialised courts, (c) Defects in procedural laws, (d) Lack of dutifulness of the judges, (e) Lack of effective monitoring in the judicial system, (f) Non-cooperation of the lawyers, (g) Problems in the serving process, e.g., summons, warrants, etc., chance of amendment to plaints and submission of supplemental written statements, and chance of prayers for unconditional interlocutory orders, and (h) Dearth of logistics of the judges.
To tackle the congestion of cases pending with different courts in the country, it is necessary to devise new methods and strategies, while the existing methods should be updated. There is a general feeling that the government is not appointing sufficient numbers of judges to deal with the ever-rising workload. It is a common experience that even the existing vacancies in various courts remain unfilled for an inordinately longer time. Given this fact, prompt appointment of judges to fill the existing vacancies and creation of additional posts in sufficient numbers will go a long way in solving the problem of delays and logjam.
There are a number of recommendations for resolving the issues from different stakeholders. These are: (1) Compulsory Alternative Dispute Resolution (ADR), (2) The establishment of separate courts, (3) Time-limit for the suits according to importance, (4) Stopping giving permission to delay suits or time petitions indiscriminately, (5) Return of faith of people in the judiciary, and (6) Ensuring non-interference of the government.
The country's courts are currently overwhelmed with cases. Though more and more courts are being set up, the increase in their number is not sufficient to keep pace with the volume of cases. The pace of civil and criminal litigations is not clearly correlated with the size of the court population of jurisdiction, composition of caseloads, and pre-judge caseloads. The case-flow management or case management is the conceptual heart of court management in general.
There are many steps that could be taken to ease the piling up of cases. One of the methods is to expedite the process of case management. Some countries have initiated the appointment of judicial clerks or law clerks to help the judges in executing their responsibilities. "A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Unlike the court clerk and the courtroom deputy, both of whom are administrative staff for the court, a law clerk assists the judge in making legal determinations."
The judges perform a laborious task that requires immense concentration and attention to details. The law clerks can be relied upon to prepare summaries of the materials on record and short memoranda on the contentious issues. The judges can profit from able research assistance, especially in verifying and searching for applicable principles and precedents. In some cases the judges encounter 'cases' that involve important legal questions. It is mostly the cases of the latter variety that are admitted for hearings on merits.
The law clerks or judicial clerks are appointed by judges. They provide assistance to a judge in researching on issues before the court and in writing opinions. A law clerk assists the judge in making legal determinations. They do research on points of law, prepare memoranda of facts and law, and generally assist the judge as required. They verify citations, communicate with counsels regarding case management and procedural requirements, and assist the judge during courtroom proceedings.
The main research tasks can be outlined under three categories, namely, (i) Preparation of briefs on facts and legal questions in freshly instituted matters, (ii) Assistance in preparation of orders and judgements and (iii) Preparation of speeches, articles and notes on contemporary legal developments.
Where the system is in vogue, law clerks are fresh law graduates who are appointed on the basis of merits and have the ambition to take up a career in legal and judicial profession. Law clerkship is typically one- or two-year job for new law graduates, although some judges do hire permanent clerks.
Law clerkship provides an opportunity to an aspirant of legal profession to spend extended time with a judge, and to continue to learn the law from the perspective and hand of that judge. A clerkship is viewed as the capstone of one's legal education due to the immense amount of insight a clerk gains by working within the judicial decision making process and the unparalleled additional training in legal research and writing. The value of a clerkship is substantial and the benefits can last a lifetime. A clerkship will offer opportunities to enhance writing skills, improve research abilities, and add a significant asset to a future legal career. Many law clerks find that the prestige and experience associated with the service as a law clerk greatly increases one's future employment opportunities.
A clerkship can be one of the best practical educational experiences in a lawyer's life. This is an excellent way to embark upon a career of practising law. Law clerks get the unique opportunity to work closely with the distinguished professionals in the practice of law - the judges. Through this working relationship, judges often develop a mentorship relationship with their law clerks and, eventually, may be inclined to offer them stellar recommendations for future career opportunities.
Law clerks have aided federal and state judges for more than a century with legal and administrative assistance in the USA. The institution of law clerkship has developed in the United States. In 1882, US Supreme Court Justice Horace Gray appointed a new law graduate as 'secretary,' and almost instantly the practice was greatly welcomed by other judges and these secretaries-later termed law clerks-have become indispensable to the US judges ever since. They are bright young men and women in their 20s, fresh out of the top law schools, trained in cutting-edge developments in the law, and provide research assistantship to a single judge mostly for one or two years.
Over the last two decades, the judiciaries of developed countries have widely accepted the role of case management in reducing the caseload and they have got extraordinary positive results in reducing loads. Developed countries like the USA, Australia and Canada have witnessed a few decades back huge backlog of cases, excessive legal costs and expenses and litigants' misery, as we are witnessing now in our country.
The work of a law clerk is similar in all states and territories of Australia, and some other countries such as the United Kingdom, Ireland, Canada, and New Zealand. In America and elsewhere, law clerks are often referred to as 'para-legals'.
The Chief Justice of India has approved the revised scheme/guidelines with respect to engagement of law clerk-cum-research assistants on short-term contractual assignment. The Pakistan judiciary is also taking the service of clerkship.
The Supreme Court of Bangladesh may also introduce the system of law clerkship or judicial clerkship. The judges of other countries have introduced clerkship with their discretionary power. The same may happen here too.
The writer is a Legal Economist.
eshah@banglachemcial.com
Reducing backlog of cases with law clerkship
M. S. Siddiqui | Published: September 05, 2015 00:00:00 | Updated: November 30, 2026 06:01:00
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