COURT VACATIONS

1. Context 

• A recent report submitted by a Parliamentary panel has ignited discussions on the Indian judicial system's transparency, case backlog, and appointments.
• The panel's recommendations include mandating Supreme Court and high court judges to disclose their assets annually, addressing the issue of prolonged court vacations, and advocating for a more diverse representation in judicial appointments.

2. About Court Vacations

• Court vacations, an inherent part of the judicial calendar, provide insights into the functioning of the Indian judiciary.
• While the Supreme Court operates for 193 working days, high courts function for around 210 days, and trial courts for 245 days annually.
• High courts have the flexibility to structure their schedules as per service rules.
• However, the traditional vacation periods, rooted in colonial practices, have faced criticism due to their impact on case pendency.

3. Impact on Important Cases

• During court vacations, a limited number of judges convene "vacation benches" to address urgent matters.
• These benches prioritize cases such as bail and eviction, ensuring that crucial issues are not further delayed.
• Notably, significant cases have been heard during vacations, exemplified by the 2015 challenge to the National Judicial Appointments Commission and the 2017 hearing on triple talaq.

4. Critism on-court Vacations

• The criticism of court vacations revolves around their potential negative implications.
• Detractors argue that prolonged breaks lead to mounting case backlogs and sluggish judicial proceedings.
• The colonial origins of vacation practices have also drawn scrutiny, as the summer break may have initially stemmed from European judges' discomfort with Indian heat.

5. Calls for Reforms

• Various committees and legal experts have proposed reforms to address the issue of court vacations and case pendency.
• The Justice Malimath Committee in 2000 recommended a reduction of vacation days, aligning with the need to manage the backlog.
• The Law Commission of India's 230th report echoed this sentiment, suggesting a curtailment of vacation periods and an extension of court working hours.

6. Arguments in Favor of Court Vacations

• Defenders of court vacations emphasize their significance within the legal fraternity.
• Lawyers contend that these breaks provide essential rejuvenation in a demanding profession requiring intellectual rigour.
• Judges, who already dedicate over 10 hours daily to their duties, utilize vacation time for judgment writing and preparation.
• Additionally, judges are often noted for their commitment, with minimal leave taken during court sessions.

7. The Data Perspective

• Data challenges the notion that reducing court vacations would significantly impact case pendency.
• The Supreme Court's disposal of cases roughly matches the number of cases instituted annually.
• The primary challenge lies in addressing legacy cases, suggesting that vacation reform might not be the sole solution to the backlog issue.

8. International Practices

• A comparative analysis reveals the Indian Supreme Court's high caseload and the unique challenges it faces.
• With 34 judges, it leads to the number of judgments delivered. In contrast, the US Supreme Court handles fewer cases and dedicates specific time frames for oral arguments.
• Similarly, the UK's Supreme Court and other courts have distinct sitting patterns throughout the year.

9. The Way Forward

• The Parliamentary panel's report has ignited discussions on vital aspects of the Indian judiciary.
• Balancing transparency, case management, and appointments will require a nuanced approach.
• The debate surrounding court vacations underscores differing viewpoints within the legal community, emphasizing the need for comprehensive reforms to address the broader challenges facing the Indian judicial system.