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Subject: Polity

  • Section 153A: its use and misuse

    153

    Central idea: A politician was recently arrested under Section 153A of IPC for the alleged use of objectionable words against the Prime Minister.

    Section 153A: What the law says

    • Section 153A of the Indian Penal Code (IPC) penalises “promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”.
    • This is punishable with imprisonment up to three years, or with fine, or with both.
    • The provision was enacted in 1898 and was not in the original penal code.
    • At the time of the amendment, promoting class hatred was a part of the English law of sedition, but was not included in the Indian law.

    Charges laid for remarks against PM

    The FIR mentioned the use of Sections-

    • 153B(1) (Making imputations, assertions prejudicial to national integration);
    • 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs);
    • 500 (Defamation); and
    • 504 (Intentional insult with intent to provoke breach of the peace).

    Conviction rates under Section 153A

    • Data from the National Crime Records Bureau (NCRB) show that the rate of conviction for Section 153A is very low.
    • In 2020, 1,804 cases were registered, six times higher than the 323 cases in 2014.
    • However, the conviction rate in 2020 was 20.2%, suggesting that the process often becomes the punishment.

    Issues with the law

    • Hate speech laws have been invoked under regimes of all parties to crack down on criticism of public functionaries and to arrest individuals.
    • The invocation of Section 153A is often criticized for restricting free speech and misusing the legal processes for political purposes.

    Safeguards against misuse

    • Given that the provisions are worded broadly, there are safeguards against its misuse.
    • For example, Sections 153A and 153B require prior sanction from the government for initiating prosecution.
    • But this is required before the trial begins, and not at the stage of preliminary investigation.
    • To curb indiscriminate arrests, the Supreme Court laid down a set of guidelines in its 2014 ruling in Arnesh Kumar v State of Bihar.
    • As per the guidelines, for offenses that carry a sentence of fewer than seven years, the police cannot automatically arrest an accused before investigation.

     

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  • What is a Caveat in Judiciary?

    Recently, the Supreme Court bench reprimanded a law student for filing a caveat in a petition seeking menstrual leave for female students and working women across Indian institutions.

    What is a Caveat?

    • In common parlance, a caveat refers to “warning” or “caution”.
    • However, legally it connotes a “formal notice requesting the court to refrain from taking some specified action without giving prior notice to the person lodging the caveat.”
    • The person lodging the caveat is called a “caveator”.
    • The provision was inserted by the Amendment Act of 1976 after the Law Commission’s recommendation by Section 148A of the Civil Procedure Code (CPC).
    • However, the term is not expressly defined anywhere except in the Calcutta High Court’s 1978 ruling.

    Who can fill the Caveat?

    • Any person has a right to lodge a caveat in a Court.
    • Any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
    • The caveator or the person lodging is also required to serve a notice of the caveat by “registered post” to the person on whose plea they are lodging the application

     

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  • Anti-defection Law and The Loopholes

    defection

    Central Idea

    • On February 17, the Election Commission of India (ECI) allotted the name ‘Shiv Sena’ and the party’s Bow and Arrow symbol to Maharashtra Chief Minister Eknath Shinde’s faction, in effect recognizing it as the original party founded by Babasaheb Thackeray.  Strengthening Anti-defection law becomes relevant again.

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    Background: The most dramatic and unique political crisis

    • Division in the party: The political crisis in Maharashtra began last year after a group of 40 of the 55 Sena MLAs walked out of the Maha Vikas Aghadi (MVA) alliance under the leadership of Mr. Shinde, which caused a division in the party.
    • Fight of Name and Symbol: Both the Uddhav Thackeray and Shinde sides staked claim to the party name and symbol, each claiming to represent the real Shiv Sena.
    • The ECI said that it had based its decision on a test of majority: It said the group of MLAs supporting the Shinde faction got nearly 76% of the votes polled for the 55 winning Shiv Sena candidates in the 2019 Maharashtra Assembly elections, while the Uddhav Thackeray faction got 23.5% of votes.

    Exam Spotlight

    • The crisis has thrown the spotlight once again on the anti-defection law, whose purpose is to prevent political defections.

    What is Anti-defection Law?

    • Tenth Schedule: The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
    • Power to the speaker: It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
    • 52nd Amendment Act, 1985: It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM. The law applies to both Parliament and state assemblies.

    What was the need to have this law then?

    1. Vies in favour
    • Defection was recognized as an evil that needed to be curbed: Defections cause destabilization and lead to governments falling, which can have negative impacts on the country’s political and economic stability.
    • Law helps to stabilise party system: The law helps to stabilize party systems by consolidating control of the party leadership instead of relying on ideological cohesion or ownership by constituent legislators.
    1. Views against it
    • Law would curb freedom of opinion of the representatives: Some people thought that the law would curb freedom of speech and affect the free exercise of opinion by the members of the legislature who are elected by the people.
    • Undermines the representative system of democracy: The law effectively does away with the representative system of democracy in India by framing democracy as a contest between factions rather than a system of representation and accountability.
    • Limiting the ability of legislators: The law consolidates power in the hands of the party leadership, potentially limiting the ability of individual legislators to represent their constituents’ interests.

    How the law is faring today?

    • Recent events shows that the law needs to be tightened: The kinds of defections which used to take place before the passing of this law are not taking place now. But recent events show that this law needs to be tightened.
    • Third paragraph of tenth schedule was deleted: A little tightening was done earlier by doing away with a split, that is, paragraph three of the Tenth Schedule of the Constitution. It had said, if there is a split in a particular party, and one-third of the legislators move along with the breakaway group, they will not be disqualified. So, split was a defence against disqualification.
    • No authoritative interpretation of the law: there is a very disturbing trend, which is to interpret paragraph four (decision on questions as to disqualification on ground of defection) in a particular way, because there is no authoritative declaration of law from the Supreme Court on the exact application of it.
    • No timeline fixed for the Speaker: In the 10th Schedule currently, there is no timeline fixed for the Speaker to determine the issue and the purpose of this anti-defection law is defeated.

    Conclusion

    • People are principal stakeholders in a democracy; parties are merely the institutional intermediaries. Democracy needs stable parties, but controlling legislators removes their representative role. Need of the hour is to fix the loopholes in the system because the continuous cycle of instability adversely affects the people, who are the primary stakeholders in a democracy and suffer the most.

    Mains Question

    Q. The events of spilt within the political are rising posing a challenge to the Anti defection law In this backdrop discuss the need of Anti defection law?

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  • CJI announces launch of ‘Neutral Citations’ for SC judgements

    The CJI expressed hope that High Courts too would follow neutral citation for their judgments. The Delhi, Kerala, and Madras HCs have already introduced neutral citation.

    What is a “Citation”?

    • A case citation is essentially an identification tag for a judgment.
    • Typically, it would contain a reference number, the year of the judgment, the name of the court that delivered that judgment, and a shorthand for the journal publishing the judgment.

    And what is a neutral citation?

    • A neutral citation would mean that the court would assign its own citation — distinct from those given by traditional Law Reporters.
    • Law Reporters are periodicals or annual digests that publish judgments, often with an editorial note to make it accessible for lawyers to refer to precedents.
    • For example, for the landmark Kesavananda Bharati case, the citation in ‘Supreme Court Cases’, a journal published by the Eastern Book Company, is (1973) 4 SCC 225.
    • In the All India Reporter (AIR), the citation is AIR 1973 SC 1461.

    Why is a neutral system good or necessary?

    • Judgments mention citations while referring to precedents and often use citations from different Law Reporters.
    • With artificial intelligence (AI) enabled translation of judgments and transcribing of court proceedings, a uniform citation is necessary.
    • Several High Courts including Delhi High Court have started a neutral citation format.
    • The Delhi HC neutral citation is, for example, in this format: No-YEAR/DHC/XXXXXX

    How will the SC implement the neutral citation system?

    • Our recent initiative is neutral citations for all judgments of the Supreme Court.
    • So all 30,000 judgments are going to have neutral citations.
    • First tranche will be till January 1, 2023, then the other tranche will be till judgments from 2014 and then finally we will go back to 1950.

     

     

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  • Corrupt Practices according to Representation of People Act, 1951

    Central idea: The article provides an overview of Sections 123 (2) and Section 123 (4) of the Representation of People’s Act, 1951. It highlights how the section makes it illegal for candidates who have been convicted of certain offenses to contest elections to Parliament and state legislatures.

    Recent context: Promise of Freebies

    • Recently, the Supreme Court directed to look into prayers for reconsidering its 2013 judgment in ‘S. Subramaniam Balaji vs. State of Tamil Nadu’ Case.
    • The court held that promises of freebies cannot be termed a corrupt practice. However, the matter is still yet to be decided.

    Illicit Practices under the RPA, 1951

    corrupt

    • Under the provisions of the Act, an elected representative can be disqualified if convicted of certain offences on grounds of-
    1. Corrupt practices
    2. Failing to declare election expenses
    3. Interests in government contracts or works

    What amounts to Corrupt Practices?

    • Section 123 of the Act defines ‘corrupt practices’: It includes bribery, undue influence, false information, and promotion or attempted promotion of “feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language” by a candidate for the furtherance of his prospects in the election.
    • Section 123 (2) deals with ‘undue influence’: It defines as “any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person, with the consent of the candidate or his election agent, with the free exercise of any electoral right.” This could also include threats of injury, social ostracism and expulsion from any caste or community.
    • Section 123 (4) extends ambit of “corrupt practices”: It covers the intentional publication of false statements which can prejudice the outcome of the candidate’s election.

    What practices has the court held as corrupt practices in the past?

    • Jamuna Prasad Mukhariya v. Lacchi Ram, 1995: The encroachment of religion into secular activities is strictly prohibited, the court stated while adding that the same is clear from Section 123(3). However, even as far back as 1955, the Apex Court in Jamuna Prasad Mukhariya Case upheld the constitutional validity of Section 123 (3).
    • SR Bommai v. Union of India, 1994: In this case, otherwise held secularism to be a part of the ‘basic structure’, the court said, “whatever the attitude of the State towards the religions, religious sects, and denominations, religion cannot be mixed with any secular activity of the State.”
    • Abhiram Singh v C.D. Commachen, 2017: In 2017, a seven-judge constitution bench of the apex court held that an election will be annulled if votes are sought in the name of a candidate’s religion, race, caste, community, or language, as per Section 123 (3) which prohibits the same.

     

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  • Deputy Speaker Is An Officer of Parliament

    Officer

    Central Idea

    • The present Lok Sabha has not elected a Deputy Speaker even after three years and seven months of its term, and the non-election has reached the Supreme Court, which has reportedly sent notice to the Union government; historically, a Deputy Speaker is as important as the Speaker for the House.

    What is the practice?

    • Two presiding officers in Lok Sabha: There are two presiding officers for the Lok Sabha, namely the Speaker and the Deputy Speaker, who are elected by the members of the House.
    • Article 93 of the constitution: Under Article 93 of the Constitution, as soon as the House meets after the election these two presiding officers are elected one after the other.
    • Practice of electing speaker and deputy speaker: The practice followed so far has been to elect the Speaker after the oath-taking. Thereafter, within a few days, the Deputy Speaker is also elected.

    Officer

    Office of Deputy Speake Speaker of the Lok Sabha

    • The Deputy Speaker of the Lok Sabha is not subordinate to the speaker of Lok Sabha; is responsible for the Lok Sabha. and
    • He/she is the second-highest-ranking legislative officer of the Lok Sabha.
    • He/ She acts as the presiding officer in case of leave of absence caused by death or illness of the Speaker of the Lok Sabha.

    Pin this Note

    • It is by convention that the position of Deputy Speaker is offered to the opposition party in India.
    • But if a government does not favour an Opposition member for political reasons, it is free to choose a member from its own party.

    The Historical Significance of the office

    • Government of India Act of 1919: The history of the office of Deputy Speaker goes back to the government of India Act of 1919 when he was called Deputy President as the Speaker was known as the president of the central legislative assembly.
    • Role is necessary to share the responsibility of running the House: Although the main functions of a Deputy Speaker were to preside over the sittings of the assembly in the absence of the Speaker and chair the select committees etc., the position was considered necessary to share the responsibility of running the House with the Speaker and guide the nascent committees.

    Did you know?

    • The first Speaker was G V Mavalankar and the first Deputy Speaker was M Ananthasayanam Ayyangar who was elected by the Constituent Assembly (Legislative) on September 3, 1948.
    • Later under the new Constitution, M Ananthasayanam Ayyangar was elected the first Deputy Speaker of the House of the people on May 28, 1952.

    Officer

    Importance of the Office

    • Powers Under Article 95(1) of the Constitution: The Deputy Speaker gets all the powers of the Speaker when the office of the Speaker is vacant, so the Deputy Speaker can also determine the petitions relating to disqualification under the 10th Schedule of the Constitution.
    • Speaker is powerless in matters of revising: The Speaker is powerless in the matter of revising or overruling a decision of the Deputy Speaker. No appeal lies to the Speaker against a ruling given by the Deputy Speaker.

    Conclusion

    • Although the Deputy Speaker gets to exercise these powers only in the absence of the Speaker his decisions are final and binding when he gives a ruling. In the eventuality of the Speaker remaining absent for a longer time due to illness or otherwise the government will have to grapple with the unpredictability of a ruling or an adverse decision by a Deputy Speaker who comes from the Opposition ranks. Article 93 contains a mandatory provision which needs to be carried out by the House.

    Officer

    Mains Question

    Q. Speaker and Deputy speaker of Lok Sabha are known as Officers of the parliament. In this context discuss the importance Deputy speaker.

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  • Live transcription of Supreme Court proceedings introduced

    live

    Central idea: The Supreme Court introduced live transcription of court proceedings for the first time in the country, employing artificial intelligence (AI) and high-tech tools.

    Fun fact!

    The CJI announced that the live transcription will commence on an experimental basis with the constitution bench hearing on the vertical political split in a mainstream Maharashtrian political party.

     

    How does AI-based transcription work?

    • AI-based transcription works by using advanced machine learning algorithms to automatically transcribe audio or video content into written text.
    • The software uses natural language processing (NLP) and speech recognition technology to identify and transcribe spoken words, which are then formatted into a text document.

    What is Natural Language Processing (NLP)?

    • Natural Language Processing (NLP) is a subfield of computer science, artificial intelligence, and computational linguistics concerned with the interactions between computers and human (natural) languages.
    • It involves developing algorithms and computational models that can understand, interpret, and generate human language.
    • NLP is used in a variety of applications, including language translation, sentiment analysis, text summarization, speech recognition, and more.
    • It combines techniques from computer science, linguistics, and psychology to enable computers to process and understand natural language.

    Benefits of the move

    • Improved access to justice: For the hearing impaired and those with limited understanding of English.
    • Enhanced transparency and accountability: The transcripts can be reviewed and analyzed.
    • Reduced errors and inaccuracies: AI-based technology is more efficient and reliable than human transcriptionists.
    • Time-saving and cost-saving: For the court system and litigants, as live transcription eliminates the need for manual transcription and subsequent editing making justice dispensation faster than ever.
    • Legal awareness in public domain: Availability of real-time transcripts can help journalists and researchers report on court proceedings more accurately and quickly.

    Other AI solutions used in Indian Judiciary

    • E-SCR project: The electronic Supreme Court Reports (e-SCR) has more than 34,000 judgments available, accords free access to the official law reports of the Supreme Court’s reported Judgments to the law students, lawyers, and other legal professionals and to the public at large with special tools for the accessibility to those with visual disabilities as well.
    • SUPACE: Supreme Court Portal for Assistance in Courts Efficiency (SUPACE) is a tool that collects relevant facts and laws and makes them available to a judge.
    • SCI-Interact: In 2020, the Supreme Court developed a software called, SCI-Interact, to make all its 17 benches paperless. This software helps judges’ access files, annexures to petitions and make notes on computers.
    • LIMBS: Earlier, the Department of Legal Affairs has introduced a web-based application called LIMBS or Legal Information Management & Briefing System. The idea is to track the entire life cycle of a case efficiently.
    • SUVAAS: In November 2019, the Apex Court launched an indigenously engineered neural translation tool, SUVAAS, to translate judicial orders and rulings from English to vernacular languages faster and efficiently.

    Challenges for the AI breakthrough

    • Cost and Resources: The implementation of live transcription would require significant financial and technological resources.
    • Accuracy of Transcription: The accuracy of the live transcription is an important issue as any errors in the transcription could have significant implications, particularly in legal proceedings.
    • Privacy and Security: The live transcription of court proceedings could raise concerns about privacy and security as sensitive information could be disclosed or key judicial interpretations could be tampered.

    Way forward

    • The ethical and responsible use of AI and ML for the advancement of efficiency enhancing can be increasingly embedded in legal and judicial processes.
    • The Supreme Court has laid a strong foundation basis which efficiency enhancement can be accelerated across functional processes.
    • This is one of the key reasons why justice delivery in India is poised for transformative change.

     

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  • Children have a Right to protect their Genetic Information from DNA tests: SC

    dna

    Central idea: The Supreme Court of India has ruled that children have the right to protect their genetic information from being revealed in DNA tests without their consent.

    Right to protect Genetic Information

    • The right to protect genetic information is a fundamental right that recognizes an individual’s autonomy and control over their own personal and intimate genetic data.
    • It allows individuals to make informed decisions about their health, privacy, and identity.
    • In India, the Supreme Court has also held that children have the right to protect their genetic information from DNA testing in divorce proceedings, as it is part of their fundamental right to privacy.
    • This is guaranteed under Article 21 of Indian Constitution.
    • This right is recognized under various international human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

    Key takeaways from the Judgment

    • The court ruled that-
    1. Genetic information is personal and intimate
    2. Children have the right to privacy and bodily integrity
    3. Children are not to be regarded like material objects and should not become the focal point of the battle between spouses
    4. Allowing DNA tests would also harm the reputation and dignity of the mother

    Basis of this judgment

    • The court drew attention to the rights of privacy, autonomy and identity recognised under the United Nations’ Convention on the Rights of the Child.
    • It acknowledged the control that individuals, including children, have over their own personal boundaries and the means by which they define who they are in relation to other people.
    • Children are not to be deprived of this entitlement to influence and understand their sense of self simply by virtue of being children.

    How can one get the tests done?

    • Family courts should direct for a DNA test only in expedient situations and in the interest of justice, as a last resort, said the judgment.
    • This should be practised as the option of last resort.

     

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  • Disqualification of Sitting MP: The Conundrum

    Central Idea

    • The instance where the Kerala High Court, in January this year, suspended the verdict passed by the Kavaratti District and Sessions Court (in an attempt to murder case) in which the then sitting Member of Parliament (MP) of Lakshadweep was sentenced to 10 years in jail. The issue is on whether disqualification for conviction is final or whether it can be revoked. This issue can arise whenever a legislator is disqualified.

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    The background: Facts are as follows

    • The facts are as follows. Mr. Faizal The then sitting MP of Lakshadweep was convicted by the Kavaratti sessions court on January 11 for attempt to murder, and sentenced to 10 years imprisonment.
    • On January 13, the Lok Sabha announced that he was disqualified as an MP with effect from the date of conviction.
    • On January 18, the Election Commission of India (ECI) fixed February 27 as the date for by-election to that constituency, with the formal notification to be issued on January 31.
    • Faizal appealed to the Kerala High Court for a stay on his conviction and sentence, which the High Court suspended on January 25.
    • The High Court suspended Faizal Faizal’s conviction due to the cost of a parliamentary election and the disruption of developmental activities in Lakshadweep.
    • Faizal challenged the ECI’s announcement in the Supreme Court of India. On January 30, the ECI said it was deferring the election.

    The specific provisions

    • The provision for disqualification is given in Article 102 of the Constitution: It specifies that a person shall be disqualified for contesting elections and being a Member of Parliament under certain conditions. These include holding an office of profit, being of unsound mind or insolvent, or not being a citizen of India. It also authorises Parliament to make law determining conditions of disqualifications.
    • The Representation of the People Act (RPA), 1951: The RPA provides that a person will be disqualified if convicted and sentenced to imprisonment for two years or more. The person is disqualified for the period of imprisonment and a further six years.
    • Exception for the sitting members: There is an exception for sitting members; they have been provided a period of three months from the date of conviction to appeal; the disqualification will not be applicable until the appeal is decided.

    A case of differential treatment of candidates

    • Challenges under Article 14 of the constitution: The differential treatment of candidates for elections and sitting members was challenged under Article 14 (right to equality).
    • Prabhakaran vs P. Jayarajan: A Constitution Bench of the Supreme Court, in 2005 (K. Prabhakaran vs P. Jayarajan), decided that the consequences of disqualifying a contestant and a sitting member were different.
    • Reasoning behind treating differently: The strength of the party in the legislature would change, and could have an adverse impact if a government had a thin majority. It would also trigger a by-election. Therefore, it was reasonable to treat the two categories differently.
    • Lily Thomas vs Union of India: In 2013, a two-judge Bench of the Supreme Court again considered whether this exception was constitutionally invalid (Lily Thomas vs Union of India). It stated that Article 102 empowers Parliament to make law regarding disqualification of a person for being chosen as, and for being, a member of either House of Parliament.
    • Exception for sitting members was unconstitutional: The judgment stated that making an exception for sitting members was against the constitution. As per Article 101, if a Member of Parliament is disqualified under Article 102, their seat will become vacant immediately. This means that if the conditions outlined in Article 102 are met, the disqualification will take effect automatically and immediately.

    What is the confusion?

    • In Navjot Singh Sidhu case, Supreme Court stayed his conviction: Navjot Singh Sidhu, an MP, was convicted and sentenced to three years imprisonment. He resigned from his seat but wanted to contest the election and appealed for a stay on his conviction. In 2007, the Supreme Court stayed his conviction, which removed the disqualification until the appeal was decided, allowing him to contest the election.
    • Question arises In Kerala case: The Lakshadweep seat was declared vacant, but the Election Commission of India (ECI) announced deferring the by-election after a stay order was granted. The Lok Sabha has kept the seat vacant and has not reinstated the MP. The question is whether the disqualification can be backdated, as if it never happened, and the election avoided. Or, whether the disqualification is removed only from the date of the stay order, and the vacated seat can be filled only through a by-election.
    • Conundrum and Implications: The conundrum arises because the Lily Thomas judgment requires the seat to be vacated immediately upon disqualification, whereas the Kerala High Court stay aims to keep the MP in the seat until the appeal is decided. The answer to this issue will have implications for similar cases in the future.

    Conclusion

    • As India continues to strengthen its democratic system, one important issue that needs resolution is determining the correct answer for when a disqualification is removed for a sitting member of parliament who has been granted a stay on their conviction. The conflicting court judgments and constitutional provisions only highlight the need for a clear and definitive resolution to this issue, which will undoubtedly enhance the credibility and legitimacy of the Indian political system.

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  • Debating the Abolition of Judicial Vacations

    Central Idea

    • The longstanding tradition of judicial vacations in India has come under scrutiny as a parliamentary committee.
    • Recent remarks by Chief Justice DY Chandrachud reignited discussions on the allocation of vacation days to Indian judges, shedding light on the intricate dynamics of judicial work patterns and the rationale behind vacation allotments.

    Vacation in Judiciary

    • Judicial Workdays: The Supreme Court has 193 working days annually, High Courts function around 210 days, and trial courts operate for 245 days. High Courts possess the authority to structure their calendars as per service rules.
    • Long-standing Practice: The practice of vacations, particularly the extensive 7-week (formerly 10-week) summer recess, has its origins in colonial times.

    Understanding Vacation Benches

    • Composition and Role: The CJI appoints a Vacation Bench, a specialized court that operates during the Supreme Court’s summer and winter breaks. Although the court is not fully closed during vacations, this bench handles cases deemed “urgent matters.”
    • Urgent Cases: While there is no explicit definition for “urgent matters,” the Vacation Bench typically entertains writs associated with habeas corpus, certiorari, prohibition, and quo warranto, all related to enforcing fundamental rights.
    • Rule 6 of Order II of the Supreme Court Rules, 2013: Under this rule, the CJI nominates Division Benches for urgent miscellaneous and regular hearing matters during the summer vacation period. The rule allows for the appointment of judges to hear urgent cases individually or in a Division Court.

    Historical Significance and Notable Cases:

    • Impactful Decisions: Vacation Benches have delivered significant judgments in the past. A well-known instance is when a Vacation Bench Judge refused PM Indira Gandhi’s plea to stay an Allahabad High Court decision in 1975, which led to the Emergency declaration.
    • Triple Talaq Case: In 2017, a Vacation Bench of the Supreme Court heard the triple talaq case during vacation days.

    Debates and Arguments Surrounding Vacation Benches

    [A] Arguments in Favor:

    • Judicial Rejuvenation: Advocates emphasize the need for vacation periods to provide judges with mental and physical rejuvenation.
    • Extended Work Hours: Considering the demanding nature of judicial work, proponents assert that the long working hours necessitate periodic breaks.
    • Writing Judgments: Judges use vacation time to draft judgments, contributing to the timely disposal of cases.

    [B] Arguments Against:

    • Pendency and Delays: Critics argue that the extended and frequent vacations exacerbate the backlog of cases and contribute to the slow pace of justice delivery.
    • Inconvenience to Litigants: For litigants, vacations translate to additional delays in case hearings.

    Calls for Reform

    • Malimath Committee (2000): The committee proposed reducing vacation periods by 21 days, advocating for the Supreme Court to operate for 206 days and High Courts for 231 days annually.
    • Law Commission of India (2009): The commission recommended curtailing vacations by 10-15 days and extending court working hours to address the substantial backlog of cases.
    • Supreme Court’s 2014 Rule Change: The Supreme Court truncated the summer vacation period from 10 weeks to seven weeks.
    • RM Lodha Commission (2014): It suggested that individual judges should take leave at different times throughout the year instead of having all judges on vacation at once.

    Proposed Approach and Suggested Changes

    • Continuous Operation: The 133rd committee supports the notion that individual judges should take their leave at different intervals, thereby ensuring that the courts remain open throughout the year.
    • Redefined Judicial Vacations: The parliamentary report calls for a reevaluation of the traditional concept of vacations, advocating for a more modern and efficient approach to court operation.
    • Comparison with Other Countries: The report suggests that the vacation practices of the Supreme Court and High Courts should be reviewed in comparison to other countries’ higher courts and constitutional institutions.

    Conclusion

    • The debate surrounding the abolition of judicial vacations in India emphasizes the necessity for a dynamic and effective approach to court operations.
    • While the tradition has historical significance, the current judicial landscape calls for a re-evaluation of practices to ensure efficient functioning, address the backlog of cases, and minimize inconveniences to litigants.