Ignore Ill-Informed Criticism On Court Vacations, Says Solicitor General After Supreme Court Judges Refer To Sanjeev Sanyal's Comments

Solicitor General of India Tushar Mehta on Tuesday (May 14) told the Supreme Court to ignore ill-informed criticism about the vacations of judges. SG underscored the hectic work schedule of judges by pointing out that "vacations" are not "real vacations" as judges spend the time for writing judgments. All are aware that judges are not working only from 10.30 AM to 4 PM, the law officer of the Union said.

Significantly, the development happened after a bench comprising Justices BR Gavai and Sandeep Mehta made a veiled reference to the recent criticism made by economist Sanjeev Sanyal, a member of Prime Minister Economic Advisory Council, who said that "judges work for few hours and go on summer vacations."  

The discussion sprung when the bench took up a matter in which the SG was appearing. Since the matter required a longer hearing, Justice Gavai suggested that it can be continued tomorrow as a part-heard.

Justice Sandeep Mehta then remarked that Supreme Court judges are being criticised over vacations. Without specifically naming Sanyal, the judge said that "a very pertinent comment has come in from an economist."

"Now there are comments coming that judges sit in the Court for very very few hours, a very pertinent comment has come in from an economist...so we have to be conscious, we have to sit in the Court hours for the matters declared in the cause list."

Justice Gavai weighed in to add, "I ignore all this....but he has also said the vacations should be withdrawn, the collegium system...."

SG then wittily cited a shayari. "Khudko kitna mushhoor kiya hai main apne se bade shaks ko gaali deke (I have gained fame by derogating entities superior to myself)"

SG then stated :

"Some people need attention and therefore they say something out of context, without knowledge, without knowing any facts, just to be in the lime light, just to show 'I am still relevant'....please ignore. We all know Your Lordships are not only working from 10:30-4, even thereafter lordships continue. Even the vacations are not real vacations....this is one way of staying popular and staying in the limelight, you abuse the highest institution and people would think you are still relevant."

It may be recalled that a similar discussion on Court vacation took place last week also before the same bench, when Justice Gavai said that people are not aware that judges don't get even weekend holidays as they are occupied with other official assignments.

"We can write big judgments only during vacations. More than half of our vacation goes in judgment writing....People who criticise, they don't realise that we don't have holidays on Saturday and Sunday also. There are other assignments, functions, and conferences. You also have to read the files," Justice Gavai said last week. Incidentally, SG Tushar Mehta, who was present on that occasion as well, expressed complete agreement.

Earlier in February, CJI DY Chandrachud while attending one of the events of the Arbitration Center, Prayagraj, UP highlighted that judges work seven days a week, more so for the district court judges, who get even fewer vacation days.

“All of us are criticized for the vacations we have. They all say, 'inko chutti bahut jyada milti h'. People don't understand that judges work all seven days of the week. Our district judges work on every single day, even on Saturdays and Sundays they have to do legal aid camps or they have to do other administrative work,” CJI Chandrachud said.   

However, CJI Chandrachud also stressed the need for a rethink on vacations, proposing the exploration of alternatives such as flexi-time for lawyers and judges. He stressed the need to initiate a discussion with the bar on this aspect.