Vacation of Judges in Indian Courts

Context:

In its 133rd report on the subject of judicial processes and their reforms, the parliamentary panel has recommended that High Court judges should take turns going on vacation to tackle the mounting pendency of cases.

Report Findings on Court Vacations:

• Department of Justice has stated that court vacations, particularly summer vacations spanning 7 weeks, are customary practice continuing from colonial days.
• The parliamentary panel found that the Supreme Court has 193 working days a year for its judicial functioning, 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.

Urgent Cases during Vacations:

• Vacation Benches: Generally, a few judges are available to hear urgent cases even when the court is in recess consisting of two or three judges hearing important cases such as bail, eviction, etc.
• It is also not uncommon for courts to hear important cases during vacations.
  • For example, in 2017, a Constitution Bench held a six-day hearing in the case challenging the practice of triple talaq during summer vacation.

Reasons for Demand for Doing Away with too much Court Vacations:

• Faster Disposal of Cases: Reducing vacation periods can lead to a more consistent and uninterrupted flow of judicial proceedings, resulting in quicker disposal of cases. 
• Enhanced Access to Justice: Reduced vacations mean more consistent availability of judges, ensuring that people have greater access to the courts and legal remedies. This is especially crucial for individuals seeking urgent relief or facing time-sensitive matters.
• Positive Public Perception: By reducing extended vacation periods, the judiciary can counter the negative public perception that might arise from the perception of judges having extended breaks while cases remain pending.
• Judicial Accountability: A reduction in vacation time could lead to higher accountability among judges, as there would be fewer instances where cases are delayed due to unavailability. This could result in better adherence to case management timelines.

Challenges associated with vacations:

• Case Backlog: Courts often have a large number of pending cases, and the absence of judges during vacation periods can lead to delays in the disposal of cases.
• Impact on Timely Justice: Vacations can disrupt the timely delivery of justice, as the absence of judges may result in rescheduling hearings and prolonging the duration of cases.
• Disruption of Legal Services: Extended vacation periods can disrupt legal services and legal representation for clients who are in need of urgent assistance.
• Addressing Vacation Disparities: The allocation of vacation periods among judges can sometimes be perceived as uneven or biased. Addressing these disparities and ensuring fair distribution of vacation time can be a challenge.

Way Forward:

• Law Commission’s 230th Report (2009): It suggested that court vacations be cut down by 10-15 days at all levels of the judiciary to help cut the backlog of cases.
  • In 2014, the Supreme Court notified new Rules reducing the period of summer vacation to seven weeks from the earlier 10-week period. 
• NJAC Alignment: Former Union Law Minister recommended a new system for the appointment of judges, in line with National Judicial Appointment Commission (NJAC), is needed to be put in place.
• Government’s call for Vacation Period: The government have requested High Courts to fix the period of vacations to ensure that courts functioned for at least 222 working days.
• Malimath Committee Recommendations: It suggested that the Supreme Court should work for 206 days, and the High Courts for 231 days every year.
• Distributed Leave System: Former Chief Justice of India (CJI) R M Lodha suggested that instead of all the judges going on vacation, all at one time, individual judges should take their leave at different times through the year so that the courts are constantly open. 

News Source: Indian Express