What Are Vacation Benches & Why Some Judges Work When Sc’s On A Summer Break
The Supreme Court’s annual summer break began Monday, 24 May’ 2024, and the Court will resume its sitting on Monday, the 8 July, 2024. While the country’s top court is on nearly 50-days’ leave, vacation benches will be in place to hear pressing matters that can’t wait till the break ends. The Supreme Court of India issued a notification about the composition of this year’s vacation benches for the period between 24 May and 8 July. This Article explains the functions of the vacation bench and how it came to be.What is a vacation bench?
Early in the month of June, all courts go on a summer break, with the Supreme Court’s lasting nearly two months. During this period, the SC constitutes vacation benches — the composition of which is decided by the CJI — to hear urgent miscellaneous cases as well as regular matters in order to clear the backlog. However, all courts do not have a uniform number of holidays: District and trial courts, have fewer holidays than high courts and the Supreme Court. This year, CJI D.Y Chandrachud has nominated twenty benches that will hear cases during the seven weeks of summer break. According to the Supreme Court circular dated 8.5.24, Bail matters, Transfer Petitions and miscellaneous matters pertaining to Subject Categories; Labour Matters, Service Matters, Habeas Corpus matters may be filed during summer vacation and old matters of aforesaid categories, which are ready for listing shall be listed during Summer Vacation – 2024 on all five days of the week i.e., from Monday to Friday In order to get a matter listed before a vacation bench, according to a circular of the Supreme Court, the counsel or party-in-person must file an affidavit of urgency which should include the nature of the matter, the reason for not filing it before the vacation, the latest date up to which the matter can be heard in view of the urgency, and the nature of interim order sought. However, If any Member of the Bar/Party-in-Person does not want to get their matter listed during Summer Vacation due to unavoidable circumstances, he/she may send the request in this regard to ‘The Registrar, Supreme Court of India’ after obtaining the consent of all the parties appearing in the matter, if any and send the same on e-mail i.d. vacation.misc@sci.nic.in.Origin of the vacation bench
The origin of vacation benches and holidays for courts date back to colonial rule in India, when British judges, unable to bear the heat during the Indian summer, would sail back to England, only to return during the monsoon months. Now, the summer recess is seen as a welcome break for judges and necessary for their work. These vacations were very important — more than rest and recuperation, the time is required for reflection and to catch up on work that could not be done during working days. “Vacations are an integral part of court procedure,” Lawyers spent most working days in court, which left them little time to prepare for cases. Similarly, for judges who hear close to 80-90 matters a day, this time is required to complete the backlog of judgments. However, the long break has been questioned in The 230th Law Commission of India Report on Judicial Reforms (2009) which said that, considering the mounting pendency, vacations in the higher judiciary must be curtailed by at least 10 to 15 days and working hours extended by at least 30 minutes. In fact, in the year 2003, Malimath Committee recommended to reduce the vacation by 21 days, keeping in mind the long pendency of the cases, however the same was not followed.Composition of the vacation bench
The benches for this year’s summer break so far include, Hon’ble Ms. Justice Bela M. Trivedi, Hon’ble Mr. Justice Pamidighantam Sri Narasimha, Hon’ble Mr. Justice Sanjay Karol, Hon’ble Mr. Justice Dipankar Datta, Hon’ble Mr. Justice Satish Chandra Sharma, Hon’ble Mr. Justice K.V. Viswanathan, Hon’ble Mr. Justice Sanjay Kumar, Hon’ble Mr. Justice Augustine George Masih, Hon’ble Mr. Justice Prashant Kumar Mishra, Hon’ble Mr. Justice Prasanna Bhalachandra Varale, Hon’ble Mr. Justice S.V.N. Bhatti etc. The vacation benches are not decided according to seniority but are mostly decided on who is available during that time to hear the cases. Usually, more junior members are asked to sit on the vacation bench.Important decisions taken by vacation benches
In 2018, after the Karnataka assembly elections results were declared on 15 May, the BJP emerged as the single-largest party but failed to reach the majority mark. Karnataka Governor Vajubhai Vala invited state BJP chief and former CM B.S. Yeddyurappa to form the government, and gave him 15 days for a floor test to prove his majority. The Congress, which had forged a post-poll alliance with the Janata Dal (Secular), went to the Supreme Court in protest, and then CJI Dipak Misra constituted a vacation bench of Justices A.K. Sikri, S.A. Bobde and Ashok Bhushan. They scrapped the 15-day window given to the BJP and ordered a floor test the very next day (19 May). The BJP failed to prove its majority and the Congress-JD(S) formed the government. In 1975, after Justice Jagmohanlal Sinha of the Allahabad High Court found then Prime Minister Indira Gandhi guilty of electoral malpractice, she was disqualified from Parliament and barred from holding any elected post for six years. She appealed to the Supreme Court, which was on vacation. A vacation bench comprising Justice V.R. Krishna Iyer conditionally stayed the Allahabad High Court judgment: He granted Gandhi the right to attend Parliament, but ruled that she could not participate in the Lok Sabha proceedings or vote as an MP. This subsequently lead to the imposition of Emergency. One of the more recent cases heard by a vacation bench was in 2017, when a Constitution Bench led by then CJI J.S. Khehar held a marathon six-day hearing on triple talaq. The bench also comprised Justices Kurian Joseph, R.F. Nariman, U.U. Lalit and S. Abdul Nazeer. It heard seven pleas in the case. In August, the bench declared the practice of triple talaq unconstitutional by a 3:2 majority.You may contact me for consultation or advice by visiting Contact Us and Call us