When courts go on vacation

• Recently Chief Justice of India (CJI) said that the Supreme Court will not have a vacation bench when it breaks next week for its annual winter vacation.
• The announcement came the day after Union Law Minister criticised the judiciary for taking long vacations even as pending cases rise to record levels every year.

Statement of Law minister

• On pendency minister said the issue cannot be resolved until a "new system" on the appointment of judges is evolved.
• There is a feeling among people of India that the long vacation which the courts obtain is not very convenient for justice-seekers”, and that it is his “obligation and duty to convey the message or sense of this House to the judiciary"

What are court vacations?

• The Supreme Court has 193 working days a year for its judicial functioning, while the High Court's 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.

What happens to important cases during court vacations?

• Generally, a few judges are available for hearing urgent cases even when the court is in recess.
• The combination of two or three judges, called "vacation benches", hear important cases that cannot wait.
• Cases such as bail, eviction, etc. often find precedence in listing before vacation benches.
• It is not uncommon for courts to hear important cases during vacation. 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.

What is the practice in other countries?

• 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 too, with 34 judges, the Indian Supreme Court leads the way.
• In 2021, 29,739 cases were instituted before the Supreme Court, and 24,586 cases were disposed of by the court in the same year.
• This year, between January 1 and December 16, the Supreme Court has delivered 1,255 judgments.
• This is apart from the usual workload of daily orders and hearings in cases where judgments are yet to be delivered.
• By contrast, the US Supreme Court hears approximately 100-150 cases a year, and sits for oral arguments for five days a month.

Conclusion:

• From October through December, arguments are heard during the first two weeks of each month and from January through April, arguments are heard in the last two weeks of each month.
• While recognising the pendency of cases in the judiciary, It is essential to bring judicial reform and the duration of court vocational is need to be reduced in order to speedy delivery of justice to common people.
• However, the reform should come from the judiciary itself which does not compromise higher court's efficiency and independency.