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CVR_MULL8488_11_SE_CVR.indd 1 04/02/16 7:27 pm
Management and
Organisational
Behaviour
Laurie J. Mullins
WITH GILL CHRISTY
Edinburgh Gate
Harlow CM20 2JE
United Kingdom
Tel: +44 (0)1279 623623
Web: www.pearson.com/uk
First published in 1985 in Great Britain under the Pitman imprint (print)
Fifth edition published in 1999 by Financial Times Pitman Publishing (print)
Seventh edition 2005 (print)
Eighth edition 2007 (print)
Ninth edition 2010 (print)
Tenth edition 2013 (print and electronic)
Eleventh edition published 2016 (print and electronic)
The right of Laurie J. Mullins to be identified as author of this work has been asserted by him in accordance with the Copy-
right, Designs and Patents Act 1988.
The print publication is protected by copyright. Prior to any prohibited reproduction, storage in a retrieval system, distribu-
tion or transmission in any form or by any means, electronic, mechanical, recording or otherwise, permission should be
obtained from the publisher or, where applicable, a licence permitting restricted copying in the United Kingdom should be
obtained from the Copyright Licensing Agency Ltd, Saffron House, 6–10 Kirby Street, London EC1N 8TS.
The ePublication is protected by copyright and must not be copied, reproduced, transferred, distributed, leased, licensed
or publicly performed or used in any way except as specifically permitted in writing by the publishers, as allowed under the
terms and conditions under which it was purchased, or as strictly permitted by applicable copyright law. Any unauthorised
distribution or use of this text may be a direct infringement of the author’s and the publisher’s rights and those responsible
may be liable in law accordingly.
All trademarks used herein are the property of their respective owners. The use of any trademark in this text does not vest in
the author or publisher any trademark ownership rights in such trademarks, nor does the use of such trademarks imply any
affiliation with or endorsement of this book by such owners.
Contains public sector information licensed under the Open Government Licence (OGL) v3.0.
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/
Pearson Education is not responsible for the content of third-party internet sites.
The Financial Times. With a worldwide network of highly respected journalists, The Financial Times provides global business
news, insightful opinion and expert analysis of business, finance and politics. With over 500 journalists reporting from 50
countries worldwide, our in-depth coverage of international news is objectively reported and analysed from an independ-
ent, global perspective. To find out more, visit www.ft.com/pearsonoffer
10 9 8 7 6 5 4 3 2 1
19 18 17 16 15
Contents in detail ix
In acknowledgement and appreciation xv
About the authors xvi
About this book xvii
Publisher’s acknowledgements xxiii
Changing relations with customers and users 452 Corporate social responsibilities 513
Location of work 453 Management and organisational behaviour in
The nature of social interactions 455 action case study: Corporate social responsibility:
The pace and intensity of work 456 Graham McWilliam, BSkyB 514
The ‘digital divide’ and job security 457 Organisational stakeholders 515
Implications for organisations and organisational The UN Global Compact 515
behaviour 458 Values and ethics 517
Ten key points to remember 458 Ethics and CSR 518
Review and discussion questions 459 Ethics and corporate purpose 521
Assignment 460 Business ethics 523
Personal skills and employability exercise 460 Codes of business conduct (or ethics) 526
Case study: How many ‘likes’ do I get for my An integrated approach 527
essay? 461 Ten key points to remember 528
Notes and references 463 Review and discussion questions 529
Assignment 530
13 Organisational control and power 469 Personal skills and employability exercise 530
Case study: The Fairtrade Foundation 531
The essence of control 470
Notes and references 534
Improvement in performance 471
Elements of an organisational control system 472
15 Organisational culture and change 536
Strategies of control in organisations 475
Characteristics of an effective control system 477 Adapting to change 537
Power and management control 478 Organisational culture 537
Perspectives of organisational power 481 Types of organisational culture 540
Pluralistic approaches to power 482 Influences on the development of culture 542
Financial and accounting systems of control 483 The cultural web 543
Influencing skills 484 Culture and organisational control 544
Behavioural factors in control systems 486 The importance of culture 545
The concept of empowerment 487 National and international culture 547
The manager–subordinate relationship 488 Case study: Brazil 549
Management and organisational behaviour in Organisational climate 550
action case study: The police custody officer Organisational change 551
and empowerment 490 Planned organisational change 553
Reasons for lack of delegation 491 Management and organisational behaviour in
Systematic approach to empowerment and action case study: MANAGEMENT 2020 555
delegation 492 Resistance to change 557
Control versus autonomy 494 Managing change 559
Ten key points to remember 496 Minimising problems of change 560
Review and discussion questions 496 Getting people to accept change 562
Assignment 497 Responsibilities of top management 563
Personal skills and employability exercise 498 Ten key points to remember 564
Case study: Rogue traders 499 Review and discussion questions 565
Notes and references 501 Assignment 565
Personal skills and employability exercise 566
14 Strategy, corporate responsibility Case study: Changing priorities: ActionAid 566
and ethics503 Notes and references 569
Special tribute to my wife Pamela and family for their love, continuing support and
encouragement.
Special thanks
Thanks and gratitude to friends and colleagues Gill Christy and Peter Scott for their
invaluable contribution to the eleventh edition.
Thanks and gratitude also to:
Richard Christy
Mike Crabbe and Mike Timmins
Hugo Misselhorn
Anne Riches
Those managers who kindly gave permission to reproduce material from their
own organisations.
The team at Pearson Education including Donna Goddard, Mary Lince, Eileen
Srebernik, Rachel Gear, Simon Lake (for always being there), Jess Kneller and col-
leagues in marketing and sales.
Those who in a variety of ways through their friendship, interest and support have
helped with completion of this eleventh edition, including: Marlon Aquino, Di
and Mike Blyth; Jenny and Tony Hart; Lynn and Wayne Miller; Francesca Mullins;
Bryan Mundy; Christine Paterson.
Reviewers
Thanks and appreciation to the following reviewers, approached by the publishers,
for insightful and constructive comments that helped shape this eleventh edition:
John Spoerry, Jean-Anne Stewart, Colin Combe, Kathryn Thory, Nicholas Jackson,
Kevin Tennent and Claire Williams.
Laurie J. Mullins
Distinctive format
There is a logical flow to the sequencing of topic areas and each chapter of the
book is self-contained, with appropriate cross-referencing to other chapters.
This provides a flexible approach. Selection and ordering of chapters can be varied
to suit the demands of particular courses of study or individual interests.
The book is written with a minimum of technical terminology and the format is
clearly structured. Each chapter is supported with illustrations and practical exam-
ples and contains:
● a short introduction and learning outcomes;
● critical review and reflections throughout the text;
● a practical management and organisational behaviour in action case study;
● a pictorial concept map;
● a summary of ten key points to remember;
● review and discussion questions;
● an assignment;
● a personal skills and employability exercise;
● a case study;
● detailed notes and references.
For each part of the book there is also an academic viewpoint and integrative
case study.
● For each part of the book there is a completely new academic viewpoint.
● The end-of-part integrative case studies have been revised and updated as
necessary and there is a completely new case study for Part 4.
Attention continues to be focused on design features and overall appear-
ance to provide a manageable and attractive text with enhanced clarity and
user-friendliness.
ENHANCING YOUR
Dealing with difficult PERSONAL SKILLS Influencing others
situations AND EMPLOYABILITY and leadership
Displaying
Working in multicultural managerial
organisations potential
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Social Affairs, No. 41, July 2015, pp.14–20.
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Those who have seen Tom Taylor’s play, “The Overland Route” at
the Haymarket Theatre, have probably been amused at the
representation of the old civilians Sir Solomon Fraser, K.C.B., and
Mr. Colepepper, who are two of the principal characters of the piece.
It may also be said to afford a favourable opportunity for old Indians
of seeing themselves as others see them. Sir Solomon is the
representative of the old school of political officers, who passed the
chief part of their life as residents in native independent states. Mr.
Colepepper is the hard-working old man who finished his career in
the service as a commissioner, without any special rewards or titles,
and under some mysterious liability to Government for many
thousands of pounds, certain vouchers having been lost in the
mutinies. With reference to these imaginary individuals we will give
a brief sketch of a few more of the many branches into which the
career of an Indian civilian may develop itself.
The Political Department, as it was called, in India, was for a long
time considered the most eligible and enviable line in which a young
civil officer could shape his career. There was a time when the most
promising young men were specially selected by Government, and
sent off to the famous capital at Hyderabad to graduate under the
guidance of the eminent chief Charles Metcalfe, then resident at that
native court. Residents and Governor-General’s agents were formerly
to be found in many parts of India. The resident was the officer who
was supposed to advise, or, we ought to say, imperceptibly to
influence, the independent native prince or princess to whose court
he was accredited. The Governor-General’s agent was the
representative of British authority, or, to put it more plainly, the
instructor or bear-leader of those native princes whose authority was
not independent, but who needed to be instructed or to be led
according to their own individual capacity or incapacity in exercising
their own limited power and jurisdiction. The officer employed in
either position was supposed to be well-versed in all matters
connected with the etiquette and ceremonial of native courts, and it
was essential that he himself should be distinguished for his grave
and imperturbable courtesy of demeanour and speech. He was
expected to be a master of all the arts of intrigue, not so much for the
purpose of carrying on any active intrigue, but rather for the sake of
baffling those intrigues which are the life and breath of a native
court, where mine must occasionally be met by counter-mine. For
the word intrigue includes, and indeed usually consists of, the very
smallest matters, in dealing with which the political officer only
keeps his weapons sharpened in readiness to deal with any matter of
real gravity and importance. A resident formerly was almost isolated
from the fellowship of his own countrymen, save of those who
constituted his own staff or assistants. But this form of society is
always mentally unwholesome, as the chief finds no one who is
prepared openly to differ from his opinions, or to maintain any
serious argument against him. Hence the resident of the pre-mutiny
period sometimes became a rather pompous self-opiniated
punctilious and artificial sort of person, who is exemplified in Sir
Solomon Fraser, K.C.B. The race of political officers is now
comparatively extinct, and the circumstances under which they exist
have been so materially altered by the introduction of railways and
the general improvement in the means of interchanging ideas with
their fellow-men, that any man who allowed himself to acquire the
ways and habits, of his fossil predecessors would probably be
deemed unfit for his post, although he will still be careful to observe
the professional courtesy and demeanour for which we ought not to
fail to give due credit to the members of the old school of politicals.
Writing as we are with reference to the province of Bengal, it may be
said that political residents are non-existent, and the few Governor-
General’s agents, who are still employed at the Court of the Nawab of
Morshedabad and on some of the frontier divisions, have been much
shorn of their honours and emoluments.
With regard to Mr. Colepepper, who has been presented in the
play as the type of the commissioner, we do not mean to say that the
portrait will be actually recognised, as there are few now left who are
able to identify the men who served their country so well and so
patiently both before and during the mutinies; but we are inclined to
think that someone has unconsciously sat for his portrait on this
occasion, and we do not feel that he has anything to be ashamed of in
it. A man who has spent his life under an Eastern sun, surrounded by
Oriental influences, must not suppose that he is like his
contemporaries who have never left the shores of England. His
curious garb, his white sun-hat, his thin white coat and trousers,
present as great a contrast to the broad-cloth garments and
regulation hat of his English compeer as may be found in their
respective thoughts and feelings. And we are not at all prepared to
admit that all the mental advantage or even the physical superiority
is on the side of the stay-at-home Englishman. It may be that the
man who has served in India has attained all his Oriental learning
and practical administrative experience in addition to his natural
privileges and mental acquirements as an Englishman. He has,
perhaps, seen some things from the wrong end of the telescope; but
have his brethren in England always taken a more correct view of
Indian objects? The heart and mind of the one have probably been
enlarged by an enlightened sympathy for millions of new and strange
people, whilst the other has passed his life in the narrow prejudices
of his own profession or business, and in the surroundings of his own
country parish. The one may have endured the burden and heat of
the sun, which has blanched the colour from his cheeks, and left him
a lean and yellow visage and disorganised liver. But is the other very
much better off who has grown corpulent and unwieldy with too
much good-living and too much old port wine, whilst his limbs are
often racked by rheumatism, if he has not become a victim to gout
and dyspepsia?
However, though there may be individual exceptions to every rule,
the mind of the British public is tolerably well made up that Mr.
Colepepper is a genuine specimen commissioner of the Indian Civil
Service, and we are content to leave them in that belief. But the title
of commissioner conveys no sort of distinct idea to the English mind.
It is curious how wanting many Indian titles are in precision, or even
in affording any suggestion of their meaning. We remember a story
where a good-natured old commissioner was sitting at dinner next
the colonel of a regiment which had just come to Calcutta from the
North-West Provinces. The commissioner casually said to the
colonel, “I am the animal which is called a commissioner in this part
of the world.” The colonel was immensely delighted. He had been
accustomed to their high mightinesses the commissioners of the
North-West Provinces; and it was a strange thing to him to find a
commissioner speaking almost disrespectfully of his own title. But
there are commissioners and commissioners. The commissioner in
Bengal is the officer in chief executive charge of a territorial division,
each division containing six or seven separate districts, with a total
population of about eight or ten millions inhabitants. There are some
divisions in which for geographical reasons the area is smaller, and
the population of the division less numerous. The commissioner is
usually an officer in what may be called the prime of Indian official
life, about forty years of age, and of about twenty years’ standing in
his service. He is usually selected by Government from the executive
officers known as collector-magistrates of districts, and the selection
not unfrequently causes considerable jealousy and dissatisfaction,
especially if the selected commissioner happens to be junior to any of
the collector-magistrates in the division to which he is appointed.
The commissioner is the local representative of Government in his
own division. The Government sends its orders to him, and he passes
them on to the collector-magistrates. On the same principle the
collector-magistrates submit their reports to Government through
the commissioner. He is the chief local authority, save that the
district judges are entirely independent of him; and the judicial
independent authority thus established is the recognised
constitutional safety-valve, which is intended to provide against any
injudicious or casual stretch of authority on the part of the executive.
The commissioner is the head of the police throughout his division;
but here again there are some subtle niceties of discipline and
practice. The commissioner receives written reports from the police,
through the district-magistrate, of the progress of their
investigations in all heinous and important cases. But his power is
limited. He cannot issue direct orders to the actual police officers
investigating a case, so as to bid them arrest one suspected person or
release another. He may offer friendly advice and suggestions to the
magistrate with regard to the action of the police; and he may also, if
dissatisfied with their proceedings, make unpleasant remarks and
comments. But the discipline of the police force is regulated by a
hierarchy of its own, consisting of district-superintendents and
deputy inspectors-general, and an inspector general, who is equal in
official rank to the commissioner, and in direct communication with
Government. And as the commissioner may interfere with the police
only under certain limitations, so, on the other hand, he must be very
cautious to abstain from interference with any case the moment that
it has been sent up by the police for trial before any magisterial or
judicial officer. Any interference by the executive in the judicial trial
of a case is strongly resented; but it is open to a commissioner to set
the public prosecutor in motion, or to employ special counsel to look
after the effective prosecution of a difficult and important case.
Eventually, if a particular case, or any class of cases, becomes of such
deep interest as to require the attention of Government—or if the
Government has called for a report—it is the commissioner who has
to represent the whole of the facts to Government, and it is then open
to him to express his opinion unreservedly on the good or bad
conduct of the police, and this is also his opportunity for pointing out
to Government any defects that may have occurred in the judicial
proceedings. But in this part of the business he will do well to temper
his words with discretion. If the commissioner expresses an opinion,
in his report to Government, that the magistrate or judge who tried
the case has made any serious mistake as to his facts or to his law,
this practically amounts to a proclamation of war. The Government
on receiving the commissioner’s report to this effect will not be in a
hurry to pronounce an opinion. It will probably send the report of
the commissioner to the judges of the High Court, and will request
them to inquire and report what the magistrate or judge has to say
on his own behalf. Of course the magistrate or judge in most
instances stoutly maintains that he was right, and it may be that the
judges of the High Court also take the part of the judge or magistrate,
or at all events extenuate his errors. Then the Government may
either give the commissioner an opportunity for a rejoinder, or it
may proceed to put an end to the case by passing a decision on it.
The approved Government secretariat style of decision is to find a
little fault with everybody; and the principle of decisions of this kind
is simple and obvious, because it discourages all the officers
concerned from desiring again to bring their quarrels or differences
into prominence, so that they will not come up bothering the
Government again for a long time to come. It may be observed that
the Government is usually very careful to agree as far as possible
with the judges of the High Court, and to throw over the complainant
commissioner. So the commissioner probably finds, to his
annoyance, that he has taken a great deal of trouble to do his duty,
with the highly satisfactory result that he is told, like a naughty boy,
not to do it again.
The commissioner is also the chief revenue authority throughout
his division, the collectors being his subordinates in this capacity,
whilst he himself is directly subject to the control of the Board of
Revenue. In most parts of Bengal, the collection of the ordinary Land
Revenue gives no trouble. The instalments of the Government
Revenue are paid in with a punctuality which would gratify any
Government under the sun. This is one of the fortunate results of the
much-abused permanent settlement in Bengal, the very mention of
which is so like a red rag to a bull with some persons, that we shall
say no more about it, except to observe that there are some other
well-informed persons who believe that if there had been no
permanent settlement in Bengal in 1793, there would have been no
British authority left in India in 1883. According to the true British
method of procedure, the Government being now fully secure in its
own share of the Land Revenue from the land-owners, has so altered
and modified the laws which it made for the protection of the land-
owners in the collection of their rents that it leaves them to collect
them as best they may. The latest device is to compel the land-owner
to sue his defaulting tenants in the civil courts, as they are pleasantly
called, so that the Government derives a large indirect revenue
through its stamp laws, an ad valorem stamp being required on the
institution of a suit; whilst the costs of the case are a heavy addition
to the tenant’s rent if the suit is decided against him, as it must
almost always be decided from the nature of things. But this is all the
result of pure benevolence and the well-meaning but possibly
misguided kindness of those philanthropists who have constituted
themselves the champions of the poor tenant, with no very complete
understanding of the poor tenant’s real wants and necessities. Be this
as it may, the commissioner and the collector have now very little
trouble in the collection of the Government land revenue in Bengal.
Occasionally a landed estate, as it is officially called, is sold by
auction for non-payment of revenue; and if the owner of the
defaulting estate is dissatisfied, he appeals to the commissioner to
quash the auction sale. But it is very seldom that an estate is sold at
auction, except with the wish and knowledge of the owners. An
auction-sale conveys a clear and indefeasible title on the purchaser,
who can thus afford to pay a much higher price for the property than
if he attempted to buy it privately, for where there are many
shareholders in an estate it almost passes the skill of the most able
legal conveyancer to devise a perfect title exhaustive of all previously
existing rights and encumbrances. With regard to the other revenue
duties of a commissioner, they are more easily enumerated than they
can be described or made intelligible. He has to provide for the
management of the estates of minors, lunatics, and others, which
have come under the control of the Court of Wards. He has to keep
an eye on the great gains or losses arising from alluvion and diluvion
along the banks of the huge rivers which sweep through Bengal,
changing their courses and washing away their banks, not merely by
a few yards, but sometimes by miles at a time. The commissioner has
to look after the excise revenue of the districts under him. He must
take thought regarding the application of the stamp laws, and be
prepared to explain to the Board of Revenue the reason why the
stamp revenue increases in one district and decreases in another
district. This is sometimes a rather difficult task, as the collector in
whose district an increase is shown blandly attributes it to the
abundance of the harvest; whilst, unfortunately, the collector of the
district in which a decrease appears also attributes the decrease to
the abundance of the harvest; and though it is perfectly possible that
there may be some truth in each of these explanations, it will not do
for the commissioner to send up both explanations to the Board in
their conflicting nudity and crudity. The commissioner has also to
superintend the collection of that very curious tax which is known
under the name of the license-tax. It is the only existing form of
direct personal taxation, and is apparently called the license-tax
because the Government was not permitted to call it an income-tax.
A previous Government had taken much credit to itself for the
abolition of the income-tax, and neither political party in England is
now willing to allow itself to be connected with the re-imposition of
the income-tax. But as some sort of direct taxation was deemed
necessary, and is admittedly necessary, in order to reach the rich
trading classes, it was introduced under the name of a license-tax,
whilst it is only a disguised and deformed income-tax, utterly failing
to produce the amount which would be derived from a well-
administered income-tax, and only tolerated because the taxpayers
subject to it are well aware that almost any change in the law is likely
to add to the amount of their taxation. The original income-tax was
abolished when it had begun to work, quite smoothly, in Lower
Bengal, and the chief defects of the law had been eradicated and
cured. Its ghost, the license-tax, now reigns in its stead, and people
who pay the license-tax receive a license to do nothing, or, in some
cases, to carry on the business for which they have to pay another
license-tax under the local municipal laws.
The commissioner of a division has his head-quarters at one of the
principal stations of the districts subject to his authority; but he is
expected to make at least one tour of inspection in the course of the
year, so as to visit all his districts. In some divisions the railways now
make travelling easy, and his visitations can be made at any time that
suits his convenience. But there are some divisions in which there
are no railways, and even the local roads are hardly passable except
at certain times of the year. In some parts the broad rivers afford the
only means of communication, and he has to travel by boat or
steamer. The commissioner’s visit of inspection in remote districts is
one of the important events of the year. The officials, with their usual
hospitality, make every effort to welcome and entertain him. The
principal native residents of the district come in from their country
residences with a large band of their retainers to pay their respects to
him, and to represent their wishes, and also their grievances. He has
to inspect the public offices and to satisfy himself in many matters of
detail, such, for instance, as the amount of treasure contained in the
collector’s treasury, and the number of stamps, including postage
stamps, which are or ought to be in the collector’s custody. He has to
visit all the local schools and pose as an amateur examiner in history
and mathematics and the vernacular languages. He must inspect the
local jail and lunatic asylum; not interfering in their management, as
they are under special departments, but recording in the visitor’s
book his opinion on what he sees, and on what he conceives to be
wanting for the improvement of these establishments. He must
inspect the old burial-grounds, and see that due care is taken of the
monuments and tombstones of the otherwise long-forgotten dead.
The opportunity of his visit will probably be taken to hold a public
meeting to encourage subscriptions in support of some local
charitable institutions, such as hospitals and dispensaries, or for the
construction of some new work of public utility, such as a new road
or bridge. And if any local feuds or factions exist, either among the
English residents or in different sections of the native community, he
is expected to act as a peace-maker, and to devise a modus vivendi
for the future.
The duties of a commissioner are almost as varied and numerous
as it is possible to imagine, but he must also fully appreciate the
doctrine lately enunciated by Mr. Gladstone regarding the duties of
the Chancellor of the Exchequer. It is not sufficient that he shall deal
with all the work that comes to his hand, but he must have time to
look about him, and seek for and make work, and initiate those
reforms and improvements for which there is such ample
opportunity in almost every condition of civilised society. He must be
prepared for disappointment as well as encouragement in his
endeavours to do good. Sometimes his own subordinates fail to
support or adopt his proposals, or a zealous and active subordinate
who gladly and eagerly carried out his plans is removed to some
other sphere of usefulness, whilst his successor is a man who cares
for nothing but his own ideas and abhors all unnecessary
responsibility. Sometimes the Government discredits and
discountenances his well-meant proposals, and he is graciously
informed that local knowledge is always wrong—a curious paradox at
first sight, but not by any means devoid of truth when analysed from
the broader Government point of view. On the whole, the life and
work of a commissioner is, or ought to be, exceedingly enjoyable to a
man of active mind and body; but when mental and bodily activity
are impaired, it only remains for a commissioner to retire like Mr.
Colepepper to his native country to spend the remainder of his days
in dignified repose.
There are still several positions in the life of a civilian which may
be worthy of more than passing notice. When an officer has elected
to join the judicial branch of the service, he in course of time
becomes the judge of a district, an officer of much authority and
dignity, and not badly remunerated. The position of a judge has one
feature in it which makes it highly commendable, especially in
contrast with that of the collector-magistrate, who has elected the
executive branch. The latter officer has many masters, and his time is
never his own, and even his private house is not sacred against the
invasions of emergent business. But the judge has but one master,
the High Court. He goes to his court at a fixed hour, and leaves it also
at the appointed time, and he regulates these hours according to his
own convenience. His business is carried on solely in his court; when
he leaves his court his work is at an end. It would be considered both
unbecoming and irregular for any suitor or pleader to seek to follow
him to his own house. The duty of a judge is not so difficult as some
people suppose. It is a well-known truism that in almost all law-suits
the difficulty is to ascertain the real facts of the case. If the facts are
found, the application of the law to those facts is a comparatively
simple process. In the court of a district judge there are pleaders of
good ability and considerable legal acquirements, who are not likely
to allow him to be misled as to the law, however much they may
strive to twist the facts of a case in favour of their client. The greater
part of a judge’s work consists in hearing appeals from the decisions
of the native judges subordinate to him, so that he has only to deal
with the written evidence on the record, the effect of which has been
usually well-weighed and represented in the decision of the
subordinate judge. The judge, therefore, can easily master the
leading facts of a case as set forth in the decision of the lower court,
before he begins to hear the arguments of the counsel who appear to
impugn or to support that decision. A case may be more or less
complicated, but for a man of ordinary capacity and common sense it
is a pleasant intellectual entertainment to listen to the arguments of
the contending pleaders. Most of the leading pleaders can speak
English well, and state their cases and arguments with a lucidity
which might meet with the approval of Matthew Arnold. It only
remains for the judge to prepare and pronounce his decision; and if
he is a prudent man he will write out his decision in the quiet and
privacy of his own study. This is the more necessary because the
judge’s decision in its turn may become the subject of appeal to the
High Court, and it therefore behoves a judge to try to make his
decision impregnable.
The most difficult part of a judge’s duty consists in trying criminal
cases at the sessions. When an accused person is committed by a
magistrate on a charge of murder or any other offence with which the
magistrate cannot deal finally, he is tried by the sessions judge and
by a jury of his countrymen. The prosecution is usually conducted by
the Government pleader, whilst the accused retains the services of
the best counsel that he can afford to pay. The judge records the
evidence in English with his own hand, being himself the interpreter
of the actual words in the native language in which it is delivered,
whilst simultaneously a native clerk records, or is supposed to
record, the actual words spoken by the witness. This imposes a
severe task on the judge. He has to listen to what the witness says in
the vernacular, he has to interpret and record its meaning in English,
and he has to consider the effect of each successive question and
answer on the whole of the witnesses’ evidence. This triple mental
operation is very severe, and imposes too hard a strain upon the
judge. When the evidence for the prosecution and the defence is
completed, and the counsel on either side have exhausted their
eloquence, the judge has the pleasure of summing up the evidence
and directing the jury in their vernacular language, a rather arduous
task, but we have heard many men do it with much credit to
themselves. Perhaps some of our judges in England would not be
quite at ease if they had to sum up the evidence and address an
English jury in French, or in dog-Latin; but the suggestion may
convey to the reader some idea of the difficulty to which an English
judge in India is subject. Finally, the judge records his decision
elaborately in English, in case the prisoner, if convicted, should
appeal to the High Court against his sentence.
From the ranks of the district judges the best men are selected for
a seat in the High Court of Calcutta. It is not very easy to select the
best men, and the process of selection is uncertain, because the
patronage is exercised nominally by the Viceroy, who has the least
actual knowledge of the merits of individual officers, and must
therefore be guided by the advice of others. We are prepared to
admit that usually the best men are selected, but on every occasion
there are several men who consider their own claims superior to
those of the officer selected. The position of a judge of the High Court
is certainly a very enviable one. It may be said to combine almost the
highest amount of official dignity with no inconsiderable degree of
otium. In the usual routine of the court work two judges sit together,
and constitute what is called a bench. When two judges are sitting
together it follows as a matter of course that one of them takes the
leading part in the conduct of the case which is before them. Where
two men ride on one horse, one must ride behind the other. As a
matter of practice, where several cases come before them on the
same day, they take the conduct of the cases alternately; but
sometimes, where one judge is of a more masterly temperament than
the other, he practically assumes the management of every case,
whilst the other judge acquiesces in the arrangement. This leads to a
powerful development of what has been called the power of the
cypher. One judge, Mr. A., is a masterly man, and he scores as 1. The
other judge follows his lead, and he therefore scores as 0. But 1 and 0
count ten, and in practice the working power of a bench thus
constituted is far more effective than that of a bench where the two
judges are antagonistic to one another and are disposed to take
conflicting views of a case. It is therefore easy to conceive that
whenever a judge is not disinclined to subordinate his own mental
powers to those of his colleague, he can pass his time on the bench
without any great strain on his intellectual faculties. He may be
supposed to be taking copious notes of the arguments, but as a fact
he is inditing an overland letter to his absent wife or his children in
England. When the case is ripe for decision, and the arguments of
counsel are at an end, a brief conference with his colleague satisfies
his conscience, and he is prepared to sign his name in concurrence to
the decision more or less elaborate which his colleague is ready to
compose. The hours during which the High Court sits are not very
long or exhausting. The judges usually take their seats at 11 o’clock,
and after a sitting of three hours the court withdraws at 2 o’clock for
lunch, the contending counsel gladly following their example. It is
nearly 3 o’clock before the judges resume their seats on the bench,
and by the time that the clock has rolled on to 4, it begins to be a
question whether, on the conclusion of a particular case, there is
sufficient time to take up and finish a new case, and so it not
unfrequently happens that about 4 o’clock the judges retire to their
carriages and are driven home to take their rest. At all events, 5
o’clock is the appointed hour for their rising, be the case finished or
unfinished; so that it may be taken that about five hours of work is
considered a good day’s average sitting. Each judge is accustomed to
take one day in the week at home for the purpose of writing out his
decisions, and for certain administrative and consultative functions.
It not unfrequently happens that a judge, on arriving at court, finds
that his colleague on the bench is disabled by indisposition from
attending court, so that he is obliged to go home again for the day,
unless it so chances that another judge on another bench is casually
indisposed, and then the two odd men may combine and make up a
sort of scratch bench between them for the day.
Whilst the ordinary daily work of a High Court judge is not very
severe, the judges are indulged in a much longer vacation, and they
have many more holidays than any other class of Government
officials. We do not grudge them their holidays, and we are of
opinion that many Government officers would be much more
competent to work with full mental and bodily vigour if they had a
few more holidays and enforced periods of rest. The judges of the
High Court have an annual long vacation extending over a period of
two months, from about the beginning of September to the
beginning of November, when the season, especially in Calcutta, may
be said to be most unhealthy and unfavourable to the English
constitution. The High Court also closes for a week or ten days at
Christmas, and for a similar period at Easter. The native Hindoo and
Mahomedan holidays, which come on fixed or variable dates, are
religiously observed in the High Court. An eclipse of the sun or
moon, if visible, becomes the occasion for a holiday, out of deference
to native feeling. We are sorry to say that there is a growing tendency
to mutilate and diminish the holiday privileges of the judges. It was
formerly open to them to combine a month’s privilege leave, under
the Service Leave Rules, with the long vacation of the court, so that
they got a holiday of three months, which enabled them to pay a
flying visit to England. Sundry old gentlemen at the India Office are
said to have taken offence at the sight of several High Court judges
making their appearance in London for a few days, and actually
entitled to their full pay whilst thus absent from duty. This was the
real gravamen of the offence. It has always been a sort of principle in
connection with leave of any kind to mulct the delinquent of his
official salary, and so starve him into a return to his duty. It was,
therefore, deemed to be an infringement of this principle that a judge
should be seen walking about London with his pockets full of rupees,
just as if he were in the streets of Calcutta. We are not able to give the
precise history of the official communications between the India
Office in London and the Government of India at Simla. But it may
be easily understood with how much virtuous zeal and good-will the
authorities at Simla set themselves to work to give effect to the
suggestions of the India Office. The Viceroy and his Councillors, and
the secretaries at Simla, are not in the habit of taking any holidays.
What are holidays to them when they are living in a cool and healthy
climate, drawing salaries which were fixed on a scale suitable to a
warmer temperature? Their only avowed relaxation is found in the
interval of the moves from Calcutta to Simla, and from Simla back to
Calcutta, when their offices are temporarily closed, and their
travelling expenses are defrayed by Government. The financial
secretary and his department always go to Simla, and they never feel
the beam that is in their own eyes, however diligently they espy the
motes when an ordinary toiler in the hot plains wants his travelling
expenses paid. So it has come to pass that between the parsimony of
the India Office, where the scale of salaries is notoriously so low, and
the unsympathising sternness of the Indian Government at Simla
(sometimes called Capua), the poor judges of the High Court have
been shorn of many of their leave privileges; and, even worse, a
reduced rate of salary has now been assigned to them. At the end of
the last century, we believe, some of the judges of the old Supreme
Court went to court in palanqueens, with a stately retinue of
sontaburdars, and chobdars, and khidmudgars, and hookahburdars,
and chuprassies, and peadahs. Perhaps the time is not remote when
we shall see the impoverished High Court judge making his way
along Chowringhee Road in a tram-car, and taking a dirty hired
palkee to convey him from the nearest point of the tramway to the
entrance of the court-house. The leading barristers of the court make
an income of £10,000 a year, and will probably give an occasional lift
in their carriages to the poor judges who can no longer afford to keep
a carriage and horse of their own. Sometimes briefless young
barristers may be seen walking early to court, to spend the day in the
bar-library, and tramping back again at sunset to their homes. They
will hereafter probably find themselves in the honourable company
of some of the under-paid judges of their court, who desire to
combine exercise with economy.
There is one other position or grade in the Civil Service which we
must not omit to describe. A seat in the Board of Revenue is the
object of ambition set before commissioners and all executive
officers as the reward of their persevering labours and acknowledged
merit. Unfortunately it is a haven which few are destined to enter
and to be at rest. In the good old days, forty years ago, there were two
Boards, each Board consisting of three members. One Board was
styled the Board of Land Revenue, the other was the Board of
Customs, Salt, and Opium. Each Board had its own separate office
and establishment, and its senior and junior civilian secretaries. In
those good times there was a chance for many men of arriving at the
dignity of a seat in one of the two Boards. But a wicked man was
found, whose name must not be even mentioned, who proclaimed to
the world that “Boards are screens,” and so the days of Boards were
numbered, and the screen which for so many long years had served
as a cover to the multitudinous sins of Government (yes, of
Government, and not of the Board itself) was ruthlessly torn down.
The Board consists now only of two members, who are expected to
carry on the work for which six men were formerly needed, and their
four secretaries have been reduced to two. Nor is this the only
change. The Board is now a Board only in name. The two members
take charge of separate departments, and each member carries on his
work independently, and without consultation with his colleague,
except in some few special matters which it is needless to enumerate.
One member takes the Land Revenue Department, which provides
him with plenty of employment. The other member takes what is
absurdly called the Miscellaneous Land Revenue Department, which
includes the Excise, Customs, Salt and Opium, Stamps and
Stationery, and License-Tax Departments, with a few odds and ends
from the Land Revenue (proper), such as the acquisition of land for
public purposes, and the partition of landed estates. Occasionally the
two members sit together to hear appeals, when there is a probability
that the decision of a commissioner will be reversed, as the
concurrence of both members is required to set aside the decision of
such an experienced officer as a commissioner.
An appeal before the Board is usually supported by the most able
counsel in the capital; and where the litigants are wealthy it is not
uncommon to see the Advocate-General and two or three of the
leading members of the High Court bar arrayed on one side, whilst
on the other side the Government Solicitor-General and several other
barristers are retained regardless of expense. Some serious dispute
regarding land has arisen, and though the intrinsic value of the causa
belli may be but small, it is a point of honour which neither side can
yield. In former days the rival parties would doubtless have fought
for it with their bands of armed retainers; but in more peaceful
modern times it is safer, though not less expensive, to retain a small
army of lawyers. The case has probably been locally investigated by a
deputy collector, reinvestigated and decided by a district collector,
whose decision has been disputed before the commissioner, and now
the final appeal lies to the Board of Revenue. This is merely a sample
of the kind of cases which sometimes come before the members of
the Board. In less important cases, or in cases between less wealthy
and potent litigants, the services of counsel are almost invariably
engaged, and several of the native pleaders who devote themselves to
practise before the Board are almost unrivalled in their knowledge of
all the details of revenue law, and also in the clearness and precision
with which they state the facts and the points of their case. The
appellate duties of the Board are much more important than is
generally known or understood, and as in very many cases each
member sits singly his labour is ordinarily quite as severe as that of
any two judges of the High Court when sitting together as a bench.
The greater part of the Board’s work is carried on by
correspondence, partly with commissioners and partly with
Government. The new letters are served up daily to each member in
boxes, with all the important papers connected with each question.
Lucid notes and suggestions are put up by the secretary subordinate
to the member, so that the order to be issued can usually be passed
with comparatively little difficulty, especially if the secretary is a man
of practical experience and sound ability. There is, therefore, a
smooth as well as a rough side to a seat in the Board. The member
can, if he pleases, dispose of much of his correspondence in the quiet
solitude of his own house. He is practically master of his own hours,
and of his time for going to office and for leaving it. Sometimes a
member spends the whole day at his office, and an instance has been
known where a very zealous member actually took up his abode at
the Board, so as to work uninterruptedly on some difficult subject on
which he was engaged. On the other hand there have been members
who only visited their office fitfully and carried on the greater part of
their work at home. The members of the Board are also at liberty to
make tours of inspection into the interior, and, in fact, they are
authorised and encouraged by Government to make such tours, and
occasionally they are expressly deputed by Government to visit a
particular district to inquire and report upon some difficult question.
So upon the whole the members of the Board lead a pleasant and
well-employed life individually, although they often enjoy collectively
the abuse and enmity of those who are under their authority; and, on
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