People Who do not know the System Criticize it: “We don’t have Holidays on Saturdays and Sundays”: Supreme Court

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The Supreme Court emphasized that critics who misunderstand the judiciary’s workload often criticize court vacations. Justice Gavai highlighted the absence of holidays on weekends and the necessity to draft judgments during vacation periods.

NEW DELHI: Today (1st May): The Supreme Court emphasized that critics who claim judges take long vacations fail to understand the dedication of judges, who work even on Saturdays and Sundays.

Solicitor General (SG) Tushar Mehta and Senior Advocate Kapil Sibal are on the same page with regard to the Supreme Court’s comments on court vacations. The Court responded to critics by highlighting the dedication and workload of judges. The informal conversation also shed light on the importance of court vacations for drafting lengthy judgments.

During the hearing of an original suit filed by the West Bengal government under Article 131 of the Constitution, Justice BR Gavai commented on court vacations, suggesting that critics fail to recognize that judges do not even get to enjoy weekends. The matter was adjourned to the following day based on the request made by SG Mehta, who was asked by Justice Gavai to submit a note on his submissions before the next hearing.

The Court further expressed its desire to complete the arguments within three days, indicating its willingness to write the judgment during the upcoming summer vacation if necessary. This was in response to concerns about the possibility of the matter remaining unresolved before the current bench due to the uncertain assignment of future benches.

“People who criticize don’t understand that we don’t have holidays on Saturdays and Sundays. There are other assignments and conferences,” noted Justice Gavai.

Solicitor General Mehta, representing the Center in the West Bengal matter, highlighted the workload of top court judges, dealing with 50–60 cases daily and asserting their entitlement to vacations.

“It is the toughest job in the country,” echoed senior advocate Kapil Sibal.

The bench emphasized that during vacations, judges draft judgments for cases heard, stating,

“Long judgments have to be written during vacations.” “People who do not know the system criticize it,” remarked Mehta.

Justice Gavai contributed to the discussion by mentioning that judges do not have holidays on Saturdays and Sundays either. He also noted the additional responsibilities and functions judges undertake aside from reading case files. Justice Mehta, in a lighthearted manner, supported Justice Gavai’s comments by mentioning that court vacations provide much-needed time for drafting lengthy judgments.

“Even lawyers work till midnight. As lawyers, we would look forward to Fridays,” Justice Gavai remarked.

On a lighter note, Justice Gavai mentioned his privilege of not having to hold court during vacations as one of the first five judges of the top court in terms of seniority.

“That is a privilege not available to us lesser mortals,” quipped Justice Mehta, who was appointed as a top court judge only in November 2023.

However, the suit filed by the West Bengal government alleges that the Central Bureau of Investigation (CBI) has been conducting probes and filing FIRs without obtaining the required consent from the state government, as mandated by the Act. The withdrawal of general consent given to the CBI by the Trinamool Congress (TMC)-led state government forms a crucial aspect of the argument against the validity of the CBI’s actions.

When the matter was taken up on Wednesday morning, SG Mehta requested the Court hear it at 2 PM since he was arguing before the Constitution Bench.

While allowing the request, the Court emphasized the need for SG Mehta to develop a second line of law officers who could represent the Central government in his absence.

‘You must also develop a second line, Mr. Mehta. In every matter, if only Mr. Mehta and (ASG SV) Raju are appearing…,’ it had said.

In the afternoon session, the matter was adjourned to Thursday after SG Mehta informed the Court that the Constitution Bench matter was still ongoing.”

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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