An RTI application reveals that there is no record available of the system of long vacation; last week the CIC disposed off the case
Over three crore cases are pending in the Courts of India. But the courts are closed for long summer vacation. That apart, the Supreme Court calendar (which is applicable to other courts too) shows week-long vacations each for Holi, Dussehra, Muharram and Diwali apart from fortnight-long winter-vacations for Christmas Day and New Year. This has been the tradition, since India got its Independence. But is there a rule for this? A reply received for a query filed under the Right to Information (RTI) Act has revealed that there is no formal record with the Supreme Court, which has formed this system, about these long vacation.
Noted RTI activist, Subhashchandra Agrawal’s second appeal on his two-year-old query was heard by the Chief Information Commissioner (CIC) on 10 February 2016. During the hearing, the representative of the apex court, present there, stated that, the Supreme Court has193 working days and that they “do not have record as to how the tradition of summer leave, started”, as per the contents of the CIC order.
Agrawal, deeply disappointed with the verdict, says “Chief Information Commissioner upheld RTI response from Supreme Court that nobody in independent India has authentic information regarding start of practice of long summer vacations for judicial functioning at Supreme Court. However, the CIC did not find it fit to refer the RTI petition to Department of Justice for tracing the origin of long court-vacations which are said to be continued as some British legacy.”
As per the CIC order, since the RTI petition was first filed before the Department of Justice after which it was forwarded to the Supreme Court, it implied that the Department too has no formal record of long vacation of the Courts and hence it was disposed.
Argues Agrawal, “Long-pending recommendation of Law Commission for scrapping long court-vacations, are being continuously ignored. Union Ministry of Law and Justice should immediately scrap any privileged vacations for courts ensuring a common pattern of holidays from Supreme Court to lower courts. Instead of closing work at courts altogether for long court-vacations, judges can be given vacations by rotation like the way it exists in the system for professors at medical colleges in Delhi government.”
Agrawal’s RTI petition dates back to 8 April 2013. He had sought the following information:
- Complete information together with related file-notings/correspondence/documents etc on each aspect of my submissions ‘Week-long Holi holidays for Supreme Court’ (DEPOJ/E/2013/00277) dated 27 March 2013 routed to Department of Justice through PG-portal, either by department of Justice and/or by any concerned ones where these submissions might have been forwarded
- Complete information together with related file-notings/correspondence/documents etc on start of long summer vacations for different types of courts namely (a) Supreme court (b) High Courts (c) lower Courts
- Complete information together with related file-notings/correspondence/documents etc on start of other long vacations like for Holi, Dussehra, Diwali, Christmas etc other than long summer vacations for different types of courts namely (a) Supreme court (b) High Courts (c) lower Courts
- Complete information on system providing different patterns of vacation at different types of courts where Supreme court has maximum vacation, then at High Courts and then lower Courts having least comparative vacations
- Is it true that long summer and Christmas vacations in courts are from a period before independence of British regime in India?
- Complete information on steps taken, if any, to do away with system of extra long holidays for those at courts to bring working pattern in courts to be at par with other sections of society including also government-servants getting pay from the public-exchequer which also provides salaries to those at courts
- Complete information on steps taken, if any, to have common pattern of court-vacations from Supreme court to lower Courts including High Courts
- Do employees working at Courts also enjoy long vacations during court-vacations?
- Complete information on deciding vacations for different types of courts namely Supreme court, High Courts and lower Courts
- List of court-vacations for the year 2013 for (a) Supreme Court and (b) High Courts with minimum and maximum vacations respectively for the year 2013
- Approximate average number of working-days in a year at different types of courts namely Supreme court, High Courts and lower Courts
- Approximate average number of working-days in a year at offices of Central government
- Any other related information
- File-notings on movement of this RTI petition
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Vinita Deshmukh is consulting editor of Moneylife
, and also convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book "To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte" with Vinita Kamte and is the author of "The Mighty Fall".)
Quite insensitive. You are defending 45-50 days of summer break ? Even the school students get less. 15 days for Diwali Chaath? Winter breaks more than school kids? And carrying work to home during holidays ? It’s because lawyers make money by working for clients.Period.And some courts remaining open for longer period? Yes that is what a litigant wants from ALL courts.Just compare the time it takes for a litigation to get judgment in a US court or a European court. Not that I am a huge fan of western things, but surely that is an indicator. And yes they had formal courts much before we had. Pl put yourself in a clients shoe. I can appreciate a lot of back office work to be done by judges viz. writing judgements etc, but such long holidays is annoying, to put it mildly. Compare with the corporate world. And do not tell me that corporate people work any less hard. You may respond if you want.
There are courts that work every day except public holidays. News to you?
There are some, even in Bombay, that start at 0800 hrs. News to you?
There are arbitration and mediation and conciliation meetings that start at 1800 hrs. News to you?
We as advocates take work with us even on weekend get-aways. And why? Because we care for our clients.
Now all those clamouring for 'no-vacation' regime; how many have never enjoyed a vacation? Ever.
Sitting at a key-board and venting spleen is NOT the solution. Let us first study the problem; without deciding that we know the answer. You will come in for big surprises.
But it's OK. At one time, I too thought I had all the answers. Smarter now.
Believe me, ISIS will cut your throats quickly, Indian courts will cut your throats slowly. Thats the only difference.
However, if you are a cheating Businessmen or killer rowdy, there is no other heaven than Indian courts.
Anyway, the SC could take suo motu action in this regard and perhaps drastically curtail the leave observed by the judiciary. It would make judges more accountable, and allow for more working hours, which will ultimately help in speedy dispensation of justice.
- Felix Frankfurter
As said by one of the greatest judicial minds of the last century.
In other words, over-speeding can lead to derailments ..... often fatal.
With this very good quote from Justice Frankfurter, your comment suggests that you are justifying delayed justice. Or at least dismissing the frustration and anger people feel at the receiving end of delayed justice.
Wonder if the worthy judge would have put an addendum to his quote or revised the quote in view of the dismal situation in India.
Beat up a doctor if someone dies, even if dead on arrival. Break down the hospital. Beat up the drain driver, even the guard, if the train is delayed. In this case, the judge.
Of all those that berate the humans, not necessarily the system, how many have lost their cases? They must be honest and declare. Again, as I said before, this needs a proper debate and workable solutions.
Know of a retired person who prides himself in filing suits. Half of them useless. Then he says that if he can work (sic) without a holiday, so must the judges.For every frivolous matter, lakhs of rupees, days of time and emotional stress are the result.
Bogus cases must be dealt with harshly. That's the first step. The rest will follow.
I am in favor of increasing the number of judges, have cited data that is in favor of such a move. If we have more judges we will have dispose of more cases, less will remain waiting to get on to the docket and that will reduce a lot of the anger at delayed justice and the judiciary.
In the present suspicious and angry climate though people might say that more judges would only mean more waste of tax payer money if the judges are going to enjoy long vacations.
We need a civil discussion about the problem - the problem is delayed justice. Long vacations of judges may be one of the factors but surely not the only one or the most important one.
Long working hours are really no excuse. Most private sector workers have to contend with very long working hours as well. Only the government babus enjoy 9 to 5 easygoing working schedule.
Scanning has already started. Also for ancient law books. Company matters are presented on CDs.
Could talk to you but you are so abusive and angry, I think this time a lawyer may be hurt, physically!
How many people are willing to admit that they have a bad case? Or even no case at all? If your lawyer says you have no case, please do not go to another one. Just go home. And save your money, time, and mot importantly, your peace of mind.
Please stand outside the Bombay High Court, and also other courts, and see the files being taken home. A judge prepares for dozens of cases before he sits on the bench.
Some leave late at night. Others give up their homes to cut down on travel time when they get closer accommodation. Wish I were allowed to name them.
What you see is the tip of the iceberg, in court.