To be on vacation or not to be is the question

CJI, PM revive the debate over the colonial tradition of summer breaks in judiciary

archana

Archana Mishra | April 25, 2016


#TS Thakur   #law   #courts   #Judiciary   #Narendra Modi  


The debate over the practice of summer vacations in the Indian judiciary has been reignited after the chief justice of India, Tirath Singh Thakur, stood in a defensive mode against prime minister Narendra Modi’s comment on reducing annual holidays of judges to help reduce pendency.

In a joint conference of chief ministers and chief justices of high court held in New Delhi on April 24, Modi in an unscheduled speech recalled what he had said during one such conference he had attended as Gujarat CM. “Once I said how about increasing the working hours of courts? How about reducing vacations? I invited trouble. During lunch break, many judges caught me and asked me, ‘How can you say so?’ ”, said Modi.

CJI Thakur replied to the PM’s remarks. In an informal interaction with the media later, he said, “Do you think we go to Manali or some other hill stations to enjoy ourselves? Let me first tell you it is only three weeks’ break. Who will write the judgments, especially the constitution bench judgments?” The Indian Express quoted him as saying that the PM should instead urge the lawyers to come forward to argue in vacation as judges are always ready to sit during the break. “His advice should be to the Bar.”

The CJI’s stance on court holidays was a step back from what he said on March 19 while inaugurating the new Lucknow bench of the Allahabad high court. He then spoke of taking up some work even during the vacation (from May 16 to June 28 this year).  He said, “I would suggest that if the counsels of both parties are willing, then I would request the chief justice of the high courts to allow such hearings during the summer holidays and would also request judges to hear and finalise these cases.”

Time and again, many have spoken in favour of curtailing or doing away with summer vacations. However, the executive and the judiciary have failed to reach a consensus in breaking a practice incepted during the colonial rule.

A legacy of the British era, the court used to sit only for five months since most of the judges were Europeans and would leave for England when it got unbearably hot for them here in India. Over the years, the legal framework has changed though. The apex court enjoys a summer vacation of close to two months from mid-May while high courts remain close for one and a half month and district courts for a fortnight.

The law commission, in its 230th report – on judicial reforms, recommended that the vacation period of all the courts could be shortened by 10-15 days.  It recommended extending the working hours by half an hour. But, the report is gathering dust. 

The question, however, remains whether the practice of summer vacation is appropriate in the present context or not. And does the vacation serve its purpose at different levels of judiciary? Two main factors in the debate over the summer vacation are the pendency of cases in the courts and the need of the judiciary and the legal fraternity to take a break from the overburdening workload.

Comments

 

Other News

Who checks the books?

I read about the news about the Coimbatore library over coffee this morning. On the face of it, the headline was about a political ‘war’ between the DMK and TVK. But what stayed with me was something much more important than the blame game behind what had transpired. A writer walking through

Development paradox: Falling poverty miracle and an inequality problem

India’s reduction in poverty over the past decade is a development achievement of considerable significance. The World Bank’s April 2026 ‘India Development Update’ estimates that the share of Indians living below the international extreme-poverty line of $3.00 per person per day i

In Arunachal, a river we call mother

In Arunachal Pradesh, the Siang is not just a river. For many of us, especially the Adi people, it is part of our family. Our grandparents fished in it. Children learned to swim in it. Our farms drink from it. When someone says a huge dam will be built on it, we do not hear the word "project".

A new retelling of the Mahabharata delves into key moments

In a time when every decision carries consequences and questions of ambition, power, loyalty, identity and moral choice continue to shape our lives, Dr. Arun Krishnan’s new book, ‘Mahakshana’ (Penguin India) offers a strikingly relevant retelling of the Mahabharata.  

Cabinet approves viability gap funding to develop grid-scale energy storage systems

The Union Cabinet, chaired by PM Narendra Modi, has approved the Viability Gap Funding (VGF) Scheme for Development of Grid-Scale Energy Storage Systems, with a total financial support of Rs.14,500 crore for the period FY 2026-27 to FY 2030-31. The scheme aims to support the development o

Cabinet creates a pathway to absorb Agniveers in Defence Forces

An objective assessment in terms of organisational requirements and operational efficiency has brought out the outstanding performance of Agniveers in terms of skills, motivation levels, physical fitness and technological prowess. As envisaged earlier, based on merit, 25% of Agniveers will be offered reg

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter