Lawyers avoid work during vacations, judiciary blamed for backlog, says CJI

Lawyers do not wish to work during vacations, but the judiciary is blamed for any backlog of cases, Chief Justice of India B R Gavai said on Wednesday.

 

A two-judge bench comprising CJI Gavai and Justice Augustine George Masih were annoyed after a lawyer requested for listing of a matter after the summer vacation, news agency PTI reported.

 

Responding to the lawyer’s request, the CJI noted, “The first five judges are sitting through the vacation and continuing to work, yet we are blamed for the backlog. In reality, it is the lawyers who are unwilling to work during the vacations.” He further advised the lawyers to cooperate with the bench during the holidays.

 

Limited benches during vacation

 

The summer vacation of the court, which has been rechristened as “partial court working days”, will begin from May 26 till July 13. A notification was released by the Supreme Court earlier this month about the benches that will be available during the upcoming vacation.

 

The news report mentioned that during the partial court working days, two to five vacation benches will function, along with five top judges, including the CJI, who will also be holding the courts. CJI Gavai stated that his bench would focus primarily on environmental matters. 

This is in contrast to the practice followed earlier, when only two vacation benches sat during the summer vacation, and no senior judges held courts.

 

 

What is a vacation bench? 

A vacation bench is a special bench designated by the Chief Justice of India during the summer and winter vacations to hear the “urgent matters”. This includes habeas corpus, fundamental rights' issue, and pleas related to bail.

 

Back in 2022, then CJI D Y Chandrachud announced that there would be no vacation benches during the winter break, which sparked a debate on whether courts should be closed for vacations or not.

 

Who is Justice B R Gavai 

Bhushan Ramkrishna Gavai, India’s 52nd chief justice, is the first Buddhist to take oath as CJI. Born on November 24, 1960, Justice Gavai began practising law at the age of 25. He has served as the standing counsel for the Municipal Corporation of Nagpur, Amravati Municipal Corporation, and Amravati University.