On Monday, the Supreme Court of India commenced its summer vacation session with a notable decision to restrict case mentions by Senior Advocates. Instead, the Court is prioritizing advocates-on-record (AoRs) and junior lawyers during these partial working days. This approach was consistently applied across various benches, emphasizing the importance of encouraging younger members of the Bar.
Firm Stance by Justices Vikram Nath and PB Varale
During the initial day of the vacation period, a bench comprising Justice Vikram Nath and Justice PB Varale made it clear that Senior Advocates would not be allowed to mention cases in their courtroom. Justice Nath stated, “No Senior Counsel to make mentioning here. The advocates on record can do the same. No unlisted mentioning allowed.”
Senior Advocate Sidharth Dave raised an objection, highlighting that the Court was not entirely closed during the vacations. He argued, “There are no holidays. These are partial working days. These are matters in which notice was issued last week. We have to appear.” However, the bench remained resolute. Justice Nath advised, “Make a request to the CJI (Chief Justice of India). We have 55 items today which did not happen in the last 3 years.”
When Advocate Mathews Nedumpara attempted to mention a case, Justice Nath responded, “You are a senior in my eyes. No mentioning.” Another counsel’s intervention was met with a light-hearted, “Yeh sab seniors ko bahar nikalo (get all these seniors out.),” as Justice Nath enforced the restriction.
Historical Context and Reassurances
Reflecting on past incidents, Senior Advocate Sanjay Hegde recounted an event where Senior Advocate Fali Nariman allowed his junior to argue when he was not permitted to address the court. Hegde remarked, “Once there was a very important matter where Karnataka chief secretary had to appear. I had to brief Mr. Nariman. Mr. Nariman came before Justice Lahoti. When he was not allowed to argue, he let his junior argue.”
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Senior Advocate Shoeb Alam urged the bench not to dismiss matters in the absence of the seniors. Justice Nath reassured the Bar, saying, “Why will we dismiss? We are either giving dates or hearing it. You don’t have to mention it also. Judges are very reasonable. Lawyers at times become unreasonable.”
Encouraging Younger Advocates
Another bench, comprising Justice Sanjay Karol and Justice Augustine George Masih, echoed similar sentiments during the hearing of a bail matter. Justice Karol stated, “Sorry, speaking for myself and my brother judge, for the last three years vacation time has only been meant for those who are not designated Seniors.”
When a Senior Counsel indicated that a colleague would take over, the Court responded, “We have never dismissed a matter during vacation. We encourage younger members of the Bar to argue.”
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These exchanges marked the opening day of the Supreme Court’s summer vacation, scheduled from June 1 to July 12. Chief Justice of India Surya Kant has established 23 benches to hear cases throughout this period.
