Court vacations: What are arguments for and against judges taking breaks?

Source: The post is based on the article “Court vacations: What are arguments for and against judges taking breaks?” published in the Indian Express on 17^th November 2022.

Syllabus: GS – 2 – Structure, organization and functioning of the Executive and the Judiciary.

Relevance: About court vacations.

News: Earlier, Union Law Minister criticised the judiciary for taking long vacations even as pending cases rise to record levels every year. In response, the Chief Justice of India (CJI) has recently said that the Supreme Court will not have a vacation bench when it breaks next week for its annual winter vacation.

What are court vacations?

The Indian Supreme Court has the highest caseload among the apex courts around the world and also works the most. In terms of the number of judgments delivered the Indian Supreme Court leads the way.

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.

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.

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

Note: In the UK, High Courts and Courts of Appeals sit for 185-190 days in a year.

What happens to important cases during court vacations?

The combination of two or three judges, called “vacation benches”, hear important cases when the court is in recess. Cases such as bail, eviction, etc. often find precedence in listing before vacation benches.

What are the arguments in favour of court vacations?

The arguments in support of court vacations are 1) Lawyers and judges profession that demands intellectual rigour and long working hours. So, vacations are much needed for rejuvenation, 2) Judges utilise the vacation to write judgments, 3) Except on rare occasions like family tragedies or health issues, judges do not take leave of absence like other working professionals when the court is in session and 4) Data show that the Supreme Court roughly disposes of the same number of cases as are instituted before it in a calendar year. The issue of pendency relates largely to legacy cases that need to be tackled systemically.

What are the various recommendations to reduce court vacations?

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

-In 2000, the Justice Malimath Committee, set up to recommend reforms in the criminal justice system, suggested that a) The period of vacation should be reduced by 21 days, keeping in mind the long pendency of cases, and b) The Supreme Court should work for 206 days, and High Courts for 231 days every year.

–230th report of the Law Commission of India in 2009: Justice A R Lakshmanan headed the commission. It recommended that 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.

In 2014, when the pendency of cases hit the 2 crore mark, then CJI R M Lodha suggested keeping the Supreme Court, High Courts, and trial courts open around the year. The proposal did not see the light of day.