The Supreme Court of India recently held a notable discussion addressing external criticism regarding court vacations. This discourse transpired during a hearing to determine the scheduling of a case concerning appointments in the Election Commission, post the court’s seasonal recess. The deliberation was overseen by a Bench comprising Justices Dipankar Datta and Satish Chandra Sharma.
During the session, Solicitor General Tushar Mehta acknowledged the reduction in vacation durations for the court and emphasized the continued partial operations by judges during these periods. Justice Sharma remarked on the constraints faced by judges, citing that vacations have been curtailed by two weeks, and judges remain engaged with case preparations even during these breaks.
Mehta passionately defended the necessity of court vacations, highlighting the extensive workload endured by judges. He stated, “I am bold enough to say this… We must send a message to everyone who is criticizing that Supreme Court is taking vacations. We are not having 10-5 jobs. The Hon’ble judges read 60 files… our office starts after 5 pm. Why can’t we accept that fact? And really have the vacation.” His comments underscored the intense nature of judicial work and the need for periodic rest.
Justice Datta further elaborated on the importance of vacations, stressing the critical function of the Supreme Court as the ultimate constitutional authority. He remarked, “Is it really for us to justify why vacations should be there? It’s for the people to understand. Because after all, we are the final court of the land. If we commit an error, even a meritorious case will go the other way! It’s all the more necessary. I know I have to prepare 15 judgments during the partial working days.”
Attorney General R Venkataramani also contributed to the dialogue, noting the complexities that arise from public discussions. “Many of us know, but when we talk too much, it becomes an issue, when we don’t talk it becomes an issue,” he commented, highlighting the delicate balance in public perception.
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Mehta further cited examples from other countries where regular rest periods are mandated, indicating that such practices are scientifically backed for ensuring effective job performance. “In some countries, out of two holidays every week, one holiday is a compulsory holiday because they believe that unless a person takes rest once in a week, he cannot effectively discharge his functions,” he explained.
The discussion also touched upon the ubiquitous influence of social media, with Mehta pointing out the ease with which individuals can criticize without full understanding. He humorously remarked on the proliferation of opinions, “Now social media has created several experts.. standing at the tea stall they would say why Sachin (Tendulkar) committed a serious error.”
As the court was considering petitions challenging the 2023 law related to the Election Commission appointments, Advocate Prashant Bhushan requested an expedited hearing post-recess. Justice Datta humorously noted the need for the court to regain momentum after the recess, ultimately scheduling the matter for July 30.
