The term “Court vacations” refers to the period during which the Supreme Court pauses its regular judicial functions in the course of a year. Within a year, the Supreme Court operates for 193 days while High Courts and trial courts function for approximately 210 and 245 days respectively. High Courts have the power to shape their calendars as per service rules. The Supreme Court observes two major holidays annually, the summer and winter breaks. However, it’s important to note that the court is not entirely shut during these periods.
A vacation bench is a unique feature of the Supreme Court constituted by the Chief Justice of India (CJI). If an “urgent matter” arises during the court recess, litigants can approach the Supreme Court. The vacation bench then reviews and rules on the case if deemed appropriate. It often prioritizes cases such as bail and eviction requests. The court has been known to hear critical cases during vacation times. For instance, a five-judge Bench heard the challenge to the constitution amendment setting up the National Judicial Appointments Commission (NJAC) during a summer vacation in 2015.
Under Rule 6 of Order II of The Supreme Court rules, the CJI nominates the division benches for hearing urgent miscellaneous matters during vacations. The CJI can also assign one or more Judges to hear urgent matters during vacations if required.
Issues Arising from Court Vacations
The extended duration of court vacations can be inconvenient for those seeking justice. Moreover, it can further delay the listing of cases for ordinary litigants. This practice has come under criticism particularly due to the backlog of cases and slow judicial proceedings.
The concept of vacations originating from European judges of the Federal Court of India taking time off during the hot Indian summers and the Christmas period, seems out of place in today’s scenario.
The Way Forward
The issue cannot be addressed until a modern system for the appointment of judges is put in place. In 2000, the Justice Malimath Committee recommended reducing the period of vacation by 21 days to address case backlogs. It proposed that the Supreme Court should function for 206 days and High Courts for 231 days each year.
In its 230th report, the Law Commission of India advocated for reforms in the system in 2009. Considering the huge backlog of cases, it suggested curbing vacations in higher judiciary by at least 10 to 15 days and extending court working hours by half an hour.
In 2014, the Supreme Court revised its rules, announcing that summer vacations would not exceed seven weeks, cutting down from the earlier 10-week period.
Past Queries in UPSC Civil Services Examination
An example of previous queries in the UPSC civil services examination related to the Indian Judiciary is: “Can a retired judge of the Supreme Court of India be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India? Does a High Court in India have the power to review its own judgement as the Supreme Court does?”
As per Article 128 of the Indian Constitution, the CJI may, with the President’s prior consent, request anyone who has held office as a Judge of the Supreme Court or a High Court to sit and act as a Supreme Court Judge. Similarly, under Article 226 and Article 137, the High Court and Supreme Court respectively possess the power to review their own judgments.