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  • Judges, advocates stalled efforts to cut Sc holidays, say ex CJI

    May 18, 2016

    The 48-day summer vacations are going to begin and the Supreme Court commences it several of the former Chief Justices of the nations stated their efforts to reduce the pendency by reducing the holidays set in a frustration for both the judges and advocates. CJI S Thakur while appealing to the government to fast-track the judges appointment became emotional as a huge amount of cases remain pending of nearly 40 lakh in the High Courts, acting as an extensive burden for the judges.

    It is felt by the former CJIs that a reduction in the holidays would be a big step to deal with the pendency in the High Courts. The Supreme Court in its 1966 rules allowed a summer break for up to 10 weeks. CJI Y K Sabharwal is the one under whom the first reduction of the break happened who chopped it down to eight weeks. Justices S H Kapadia, P Sathasivam, R M Lodha and H L Dattu were those who are included in the list of succeeding CJIs who made efforts to convince the judges and the bar association to reduce the break. An ex-CJI stated that, "But the judges and advocates stonewalled any proposal for reducing the break. No doubt the summer is harsh in Delhi. But all others work during the summer. So why not judges.”

    The courts including the Supreme Courts were warned by Lodha to function a 365 days a year and had even given a blueprint which he had created for the same. He even suggested that all the judges would give their intimate in advance the significant periods of leave he/she would take in the year and then this would be included for the chart out a roster for the sitting of judges without the SC closing for a single day. As a CJI in Lodha’s tenure the rules of 1966 were amended and officially the summer vacations were reduced from 10 weeks to seven weeks. Ex-CJIs said, "It would be ideal to reduce the summer break to four weeks.”

    To this they added, "The SC closes for two weeks for the winter break. It also closes for 10 days each for Holi, Dussehra and Diwali. The winter break could be reduced to a week and Holi, Dussehra and Diwali could each have three days holiday.” An additional 50 working days for the Supreme Court would be implemented if the recommendations are taken into consideration and are followed going forward. 193 days is what the Supreme Court works for in a year presently and the High Court works for 210 days and the trial courts work for 245 days.
     

    OUR TAKE

    If a reduction in the summer break helps in reducing the number of pending cases then it definitely would be a boon. This is simply because presently several cases are left pending and are leading to delays in judgments making people unsatisfied and helpless. People have to wait for several years before them receive justice, we hope this might solve a few people’s problem if not the masses.
     


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