Madras HC Engages Bar Associations for Contemplating Abolishing Traditional Vacation Periods

Madras HC Engages Bar Associations for Contemplating Abolishing Traditional Vacation Periods

The Madras High Court has reached out to all bar associations to gather their opinions on potential changes to court operations, including the possibility of abolishing traditional court breaks.

On February 2, 2024, M. Jothiraman, the Registrar General of the Madras High Court, issued a circular. This circular included a copy of the recommendation regarding court vacations, as outlined by the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its 133rd report titled 'Judicial Processes and their Reform.'

The office-bearers of bar associations from both benches of the high court are mandated to submit their opinions by 5 p.m. on February 7, 2024. They are requested to do so at the Library Annexe Building of the Madras High Court, where a committee of judges has been formed to deliberate on the recommendation concerning the matter.

The proposal put forth by the Parliamentary Committee signifies a departure from the conventional practice of simultaneous court closures and vacations for judges. Instead, it advocates for staggered leaves for judges, thereby ensuring the continuous operation of courts and the availability of benches for litigants. In its 133rd Report, the Parliamentary Committee scrutinized the concept of vacations in both the Supreme Court and High Courts.

Observing that High Courts in the country typically operate for 210 days on average, the committee raised questions about the necessity of prolonged court vacations. It acknowledged concerns regarding the significant backlog of cases and prolonged delays in case disposal, prompting a reassessment of the traditional court vacation system.

During deliberations, committee members reached a consensus that fostering an efficient judiciary necessitated moving away from the traditional practice of mass court closures for several months each year. They acknowledged that the substantial backlog of cases could be attributed to factors beyond court vacations, including vacancies in the higher judiciary.

Aligned with suggestions from former Chief Justice of India RM Lodha, the committee proposed a departure from the colonial-era practice of simultaneous court closures. Instead, it advocated for a system where judges take vacations at different times, thereby ensuring continuous court operations and the availability of benches to address the needs of litigants.

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