SC bar association against 365 working days

SC bar association against 365 working days

The Supreme Court Bar Association (SCBA) has disagreed with the idea of 365 working days for courts broached by Chief Justice of India (CJI) R M Lodha. 

Instead, it suggested filling up vacancies of judges, maintaining their punctuality, and increase working hours to reduce pendency of cases. It favoured checking lawyers’ strike, tendency to seek adjournments and controlling government litigations.

The CJI had reportedly written a letter to the chief justices of the high courts seeking their response on the proposal.

As per the latest figures, there are over 3.20 crore pending cases. Of which, nearly 2.76 crore cases were in subordinate courts, while 44 lakh in different high courts’. As on May 1, the SC website disclosed as many as 63,843 pending matters.

“365 days work scheme may not reduce the arrears because if working hours of the judges remain the same, the judicial output will remain constant. In fact the new scheme may perhaps result into increase in the arrears because on Saturdays, Sundays and other holidays, the stake holders in administration of justice may not take the judicial work as seriously as they do it on working days,” a letter sent to the CJI by SCBA president P H Parekh said.

Seeking an opportunity of interaction on behalf of the SCBA executive committee before any final decision, he said, “the members of the Bar cannot possibly work for 365 days as no human being can or should work 365 days.”

The lawyers needed holidays to prepare their cases and to meet their family as well as social obligations, Parekh said.

The Bar Council of India had already rejected the CJI’s suggestion saying it was neither practical nor feasible for lawyers to work throughout the year. The apex court is closed for about 45 days for summer and 15 days for winter vacations, besides declaring holidays on important festivals.

According to the CJI’s proposal, judges would be permitted as many days of holidays as they are entitled to, but it should be whenever they choose rather than on fixed days and at fixed periods in the year.

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