A Single Judge Of SC Disposes Of 33 Cases: All You Want To Know About Powers Of Single Judge In Vacation Sitting

Supreme Court judge Justice Deepak Gupta, sitting as a single vacation judge, heard and disposed of 33 cases on Monday, as Justice M Shantanagoudar, who was to head the bench, was unavailable.

Justice Gupta conducted the proceedings alone, much to the surprise of advocates, journalists and litigants, who had never witnessed a single judge handle matters in the Supreme Court.

Besides the 33 cases, Justice Gupta also dealt with nearly a dozen “mentioning matters” at 10.30 am, before the commencement of the day’s proceedings.

Attorney-General Mukul Rohatgi, who was present in the court for a land acquisition matter of Telangana, could not resist the opportunity of drawing the court’s attention to the unprecedented situation, and said, “Your Lordship, for the first time during the last 25 years, I am seeing single judge sitting and dealing with the cases in Supreme Court.”

Can a single judge hear matters in vacation other than chamber matters?

Order II of Supreme Court Rules 2013 deals with 'Officers of The Court and Vacation, etc’.

Order II, Rule 6 of SC Rules, states as follows: “The Chief Justice may appoint one or more Judges to hear during summer vacation or winter holidays all matters of an urgent nature, which under these rules may be heard by a Judge sitting singly, and, whenever necessary, he may likewise appoint a Division Court for the hearing of urgent cases during the vacation which require to be heard by a Bench of Judges.” 

Order VI, Rule 6 of SC Rules, deals with powers of single judges during vacation 

The Rule reads as follows:“During the vacation, the Vacation Judge sitting singly may, in addition to exercising all the powers of a Judge in Chambers under these rules, exercise the powers of the Court in relation to the following matters, namely:

(I) Applications for special leave to appeal in urgent cases where interim relief is prayed for subject to the condition that the Vacation Judge shall not decide such a petition if it raises substantial question of law as to the interpretation of the Constitution.

(2) Applications for stay of execution of a decree or order or stay of proceedings in civil matters.

(3) Applications for transfer of cases under Section 406 of the Code of Criminal Procedure, 1973 (2 of 1974).

(4) Applications for stay of proceedings in criminal matters.

(5) Applications under Article 32 of the Constitution of an urgent nature, which do not involve a substantial question of law as to the interpretation of the Constitution.

(6) Issue of a rule nisi in urgent applications under Article 32 of the Constitution which involve a substantial question of law as to the interpretation of the Constitution.

(7) Applications of an urgent nature for transfer of cases under section 25 of the Code of Civil Procedure, 1908 (5 of 1908).

(8) Issue of notice in applications of an urgent nature under Article 139A(I) of the Constitution; and

(9) Applications of an urgent nature for transfer of cases under Article 139A(2) of the Constitution.

Justice VR Krishna Iyer’s order as single judge in vacation that led to National Emergency

On June 12, 1975, Allahabad High Court judge Justice Jagmohan Lal Sinha held then Prime Minister Indira Gandhi guilty of two corrupt practices and declared her election to the Lok Sabha void.

The Supreme Court was on vacation then and Justice VR Krishna Iyer was the vacation judge.

On June 24, 1975, Justice Krishna Iyer granted a conditional stay of the order of Allahabad High Court order.

Justice Iyer held that Indira Gandhi could not vote or participate in the proceedings as a Member of Parliament, but could participate in the proceedings as the Prime Minister. Next day, Indira Gandhi imposed National Emergency.