VACATIONS IN SUPREME COURT – POLITY

VACATIONS IN SUPREME COURT – POLITY

News: Should courts close for vacation?

What's in the news?

●       The Supreme Court of India goes on vacation for a week during Holi, 45 days during summer and for around two weeks during Diwali and winter.

●       This practice came into the news recently when Chief Justice of India D.Y.Chandrachud said that no vacation benches in the apex court would be available this winter break.

Court Vacations:

●       The Supreme Court has 193 working days a year for its judicial functioning, while the High Courts function for approximately 210 days, and trial courts for 245 days.

●       High Courts have the power to structure their calendars according to the service rules.

●       The Supreme Court breaks for its annual summer vacation which is typically for seven weeks - it starts at the end of May, and the court reopens in July.

●       The court takes a week-long break each for Dussehra and Diwali, and two weeks at the end of December.

●       While this judicial schedule has its origins in colonial practices, it has come under criticism for quite some time now.

Vacation Bench:

●       A Vacation Bench of the Supreme Court is a special bench constituted by the CJI.

●       The Supreme Court Rules, 2013, provides that the CJI may appoint one or more Judges to hear during vacation (vacation benches) all matters of an urgent nature (bail, eviction, etc) and he/she may likewise appoint a Division Court for the hearing of urgent cases.

●       For example, in 2015, a five-judge Bench of the Supreme Court heard the challenge to the constitutional amendment setting up the National Judicial Appointments Commission (NJAC) during the summer vacation.

●       In 2017, a Constitution Bench led by then CJI J S Khehar held a six-day hearing in the case challenging the practice of triple talaq during summer vacation.

●       The High Courts and trial courts too have Vacation Benches to hear urgent matters under their jurisdiction.

Why should the court go for vacation?

1. Rejuvenation of judges:

●       India has the most overburdened judiciary. For example, the Supreme Court has a minimum of 50-75 matters every day. Judges cannot discharge justice without having read the papers to pass appropriate orders.

●       Judiciary is a profession that demands intellectual rigor and long working hours. Hence, vacations are much needed for rejuvenation.

2. Long working hours:

●       Judges typically work for over 10 hours on a daily basis. Apart from the day’s work in court from 10.30 am to 4 pm, they also spend a few hours preparing for the next day.

3. Preparing for judgments:

●       A frequently-made argument is that judges utilize the vacation to write judgments.

●       Lot of judicial work which is undertaken during vacations, such as writing judgements and doing research, which cannot be done during court timings.

4. Increases efficiency:

●       Rather than decreasing the efficiency of the judiciary, the vacation in fact increases the efficiency and effectiveness of the judiciary. Because, it offers the much needed rejuvenation and time space to do the backlog works.

●       There also involves several complex and voluminous works which need longer times than regular court hours.

5. Vacation have no impact on pendency:

●       Data show that the Supreme Court roughly disposes of the same number of cases as are instituted before it in a calendar year.

●       Legal experts also point out that cutting down on court vacations will not see a dramatic decrease in pendency of cases, at least in the Supreme Court.

●       The issue of pendency relates largely to legacy cases that need to be tackled systemically.

●       The argument that cutting the vacation period would be a solution to pendency is not backed by data, and takes away from real issues that contribute to the pendency problem.

6. Socialization:

●       Family tragedies, health are rare exceptions, but judges rarely take the day off for social engagements.

7. No leaves during session:

●       Judges do not take leave of absence like other working professionals when the court is in session.

●       In 2015, even after the Supreme Court heard a midnight plea against the execution of Yakub Memon, Justices Dipak Misra and Prafulla Pant returned to work the next morning.

Issues with court vacation:

1. Huge pendency:

●       Extended frequent vacations are not good optics, especially in the light of mounting pendency of cases and the snail’s pace of judicial proceedings.

●       There is a backlog of over 3.1 crore cases in Indian courts.

2. Creating further delays:

●       For an ordinary litigant, the vacation means further unavoidable delays in listing cases.

●       It affects the very Fundamental rights of the citizens.

3. Colonial origin:

●       The concept of vacation originated from colonial rules. Judges at that time came from England, a place colder compared to India and the summer of India was unbearable to them.

4. Affects equity in democracy:

●       There are no governmental organizations in the country except courts and schools that have vacation.

5. Lower judicial capacity in India:

●       There is insufficient judicial power (India has only 21 judges per million population, compared to the UK’s 100) in India. Thus, vacation affects the very functioning of the institution.

6. Vacation - not for all:

●       Even in India the subordinate criminal courts do not have any vacation. But the subordinate civil courts, High Courts and the Supreme Court have vacations.

7. International parity:

●       There are many countries in the world that do not have vacations in the courts. For example, France and the US. Judges don’t have vacation, but they can take holidays without affecting the function of the court.

Way forward:

1. Justice Malimath Committee:

●       In 2000, the Justice Malimath Committee, set up to recommend reforms in the criminal justice system, suggested that the period of vacation should be reduced by 21 days.

●       It suggested that the Supreme Court work for 206 days, and High Courts for 231 days every year.

2. Law Commission Report:

●       In its 230th report, the Law Commission of India headed by Justice A R Lakshmanan in 2009 called for reform in this system.

●       Considering the staggering arrears, vacations in the higher judiciary must be curtailed by at least 10 to 15 days and the court working hours should be extended by at least half an hour.

3. Supreme Court Rules:

●       In 2014, when the Supreme Court notified its new Rules, it said that the period of summer vacation shall not exceed seven weeks from the earlier 10-week period.

4. Former CJI R M Lodha:

●       Keep the SC, HCs and trial courts open around the year.

●       The schedules of individual judges should be sought at the beginning of the year, and the calendar should be planned accordingly.

●       This keeps Indian judiciary in compliance with the global nations as well.