Sponsored
    Follow Us:
Sponsored

It is definitely most refreshing, most reassuring and most reinvigorating to learn that none other than the Supreme Court which is the top court in India while adhering fully, firmly and finally to the well known old adage that, “Example is better than precept” has led from the front in demonstrating most boldly that in a most historic and transformative move with far reaching consequences for the benefit of the litigants has decided to finally do away with its centuries old colonial tradition of summer vacations in which huge time gets wasted most senselessly which Britishers had started as they were not accustomed to hot weather! We need to note that this most commendable initiative has been heralded after more than 78 years of independence in favour of ‘partial court working days’ as has been disclosed in the latest amendment to its procedural rules. We thus see that with just few days left for the retirement of the incumbent CJI Hon’ble Dr Dhananjaya Yashwant Chnadrachud, he has finally resorted to scrapping the summer breaks in the Supreme Court. He said now there would only be ‘partial court working days’.

Interestingly enough, we need to note here that this change has been ushered by the Supreme Court (Second Amendment) Rules, 2024 that was officially sanctioned with the approval of the 15th President of India – Droupadi Murmu and announced on November 5, 2024. We certainly need to note here that under the new system, the Court will from 2025 not close for an extended summer break as has been the case till 2024! Instead what we will now witness is that it will operate on a modified schedule throughout the year. What should attract maximum eyeballs is that it is made abundantly clear that according to the amended rules, which came into force immediately, the partial working days will begin from May 26, 2025 and full working days will resume from July 14, 2025.

It is definitely worth noting that under the new system, the Court will not close for an extended summer break; instead, it will operate on a modified schedule throughout the year. It must be borne in mind that this most commendable and path breaking initiative has been designed to bolster the Court’s efficiency by continuing to address the urgent legal matters during these reduced operational days, while still granting judicial officers and staff the requisite time off which must be welcomed unconditionally as this will ensure that litigants don’t suffer because of long vacations! Of course, there can be just no denying or disputing it!

Most commendably, we must also note that in order to prevent the huge delays that occur in critical legal proceedings, this new arrangement also allows designated Judges to preside over urgent matters which have considerable importance. What also must be definitely noted here is that this includes everything from admission hearings to applications for special leave in cases where an interim relief is sought. What is also of immense significance to note here is that judges during these days will refrain from deciding on petitions that involve significant constitutional interpretations unless they convene in full Court. Very rightly so!

It is also in the fitness of things that it has been decided that the Apex Court’s annual calendar will now be divided into two main terms, separated by the Christmas and New Year holidays. There can be just no gainsaying that this scheduling will definitely ensure that the judiciary remains active nearly year-round, with the total non-working days not to exceed 95 days per year, excluding Sundays. There can be no getting away from the irrefutable ostensible fact that this most path breaking, progressive, pertinent and pragmatic decision that has been taken by the incumbent CJI – Hon’ble Dr Dhananjaya Yashwant Chandrachud will definitely always be remembered in the days to come and cannot ever be forgotten or ignored!

What is also of considerable importance to note is that a glaring and quite significant aspect of the new rules that have been initiated is the specific provision that has been made for hearing special leave applications during these partial working days, focusing on those requiring urgent interim relief. It also deserves to be mentioned here that this structural shift definitely represents a very major departure from the centuries-old most stagnant and reprehensible practice of prolonged summer recesses that was started by Britishers as they came from very cold place and favoured holidays during summers as they could not tolerate it and most astoundingly we saw how this had been in practice till 2024 without any break and is definitely aimed at increasing the accessibility and responsiveness of India’s top court which has to be lauded most generously which it so richly deserves also as it is the litigants which will stand to gain the most in the longer run! This should definitely have been done a long time back but anyway, as goes a well known adage that, “It is better to be late than never!”

No doubt, it has to be graciously conceded by one and all that this most historic move by the Apex Court to a more continuous operational model is widely expected to expedite the handling of urgent legal matters and so also enhance the overall judicial productivity thus reflecting a very modern approach free from the centuries old colonial influence to ensure that legal proceedings are not left hanging during the vacations in the top court itself which will benefit the litigants who urgently deserve relief but earlier had to wait till vacations were over! Of course, all kudos to the incumbent CJI Hon’ble Dr DY Chandrachud for ensuring this is done before he finally hangs his boots!

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Sponsored
Search Post by Date
November 2024
M T W T F S S
 123
45678910
11121314151617
18192021222324
252627282930