The Madras High Court has called upon bar associations to participate in a meeting planned for Wednesday evening to deliberate on the recommendations made by the Parliament standing committee concerning the operation of courts throughout the entire year.
The Madras High Court has embarked on a consultative process with Bar associations regarding a significant recommendation from the Parliamentary Standing Committee. This recommendation proposes a shift in the vacation schedule of High Court judges across India, suggesting that vacations be taken at staggered times throughout the year, rather than adhering to the traditional month-long summer break in May, and shorter breaks during Dussehra and Christmas.
Registrar General M. Jothiraman has officially circulated a notice, inviting office-bearers of Bar associations from both the principal seat in Chennai and the Madurai Bench to present their views on this transformative proposal on February 7, 2024. This initiative is a direct response to the discussions held at the Chief Justices’ Conference on January 29, 2024, and is part of a broader effort to implement the resolutions passed during the conference, as directed by Madras High Court Chief Justice Sanjay V. Gangapurwala.
The backdrop of this consultation is the 133rd report by the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, titled ‘Judicial Processes and their Reform.’ Presented to both houses of Parliament on August 7, 2023, the report scrutinizes the current vacation system within the context of the Constitution, which allows the Supreme Court and High Courts the autonomy to regulate their practices and procedures, including sittings and vacations.
Historically, the Supreme Court Rules of 1966 allowed for a 10-week summer vacation, which was later reduced to seven weeks in 2013, leading to the Supreme Court operating for an average of 214 days annually. Similarly, High Courts have been functioning for approximately 210 days each year, despite recommendations to increase this to at least 222 days to address the backlog of cases.
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The committee’s recommendation has sparked a debate on the necessity of judicial vacations, with some members arguing that the demanding intellectual nature of legal work necessitates breaks for rejuvenation. Senior Advocate P. Wilson and Senior Counsel Mahesh Jethmalani have both emphasized the importance of vacations for the well-being of judges and court staff, highlighting the potential impact on the quality of judgments without adequate rest periods.
Conversely, the suggestion to do away with the colonial-era practice of court vacations has been driven by concerns over the pendency and delay in case disposals. The committee’s proposal to stagger vacations aims to maintain the balance between the need for judicial officers and staff to recuperate and the imperative to reduce case backlogs.
As the Madras High Court seeks input from the legal community, this consultation represents a pivotal moment in the ongoing discourse on judicial reform in India. The outcome could herald a new era in the functioning of the judiciary, aligning with global standards and addressing the critical issue of case pendency through innovative scheduling solutions.
