CJI DY Chandrachud Stresses Need To Rethink Long Court Vacations, Says Adjournment Culture Must Change

Update: 2024-01-28 08:55 GMT
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On the occasion of the seventy-fifth year of the Supreme Court of India, Chief Justice of India DY Chandrachud on Sunday (January 28) stressed the pressing need to begin the 'difficult conversation' on long court 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.The...

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On the occasion of the seventy-fifth year of the Supreme Court of India, Chief Justice of India DY Chandrachud on Sunday (January 28) stressed the pressing need to begin the 'difficult conversation' on long court 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.

The Chief Justice was delivering an address at the inauguration ceremony of the upcoming year-long celebrations marking the diamond jubilee of the Supreme Court. Replacing the Federal Court of India and the Judicial Committee of the Privy Council, the apex court came into existence on this day, in 1950.

“In the near future, we must address structural issues affecting the judiciary such as the pendency of cases, our archaic procedures, and the culture of adjournments,” Chief Justice Chandrachud insisted during his address today. In this connection, he also highlighted four crucial conversations to be had within the legal fraternity.

First, he urged a shift from an 'adjournment culture' to a 'culture of professionalism' within the courts. This shift would be essential for the effective and timely administration of justice.

Second, he underscored the need to ensure that the length of oral arguments did not interminably delay judicial outcomes and lead to the capture of judicial institutions by the powerful and the mighty.

Third, issuing a call for inclusivity, Chief Justice Chandrachud stressed the need for the legal profession to provide a level playing field for first-generation lawyers from all backgrounds. During the course of his speech, he particularly highlighted the underrepresentation of members from scheduled castes and scheduled tribes, both at the bar and on the bench. While advocating for more effort to include marginalised sections in the system, he also acknowledged the recent strides relating to gender diversity. To illustrate his point, he not only referred to the increasing share of women in the district judiciaries, but also to the 11 women who were designated as senior advocates by the top court earlier this month.

“Before 2024, only 12 women were designated as senior advocates in the history of the Supreme Court over the last 74 years. Last week, the Supreme Court designated 11 women in one selection. Our legitimacy will endure from inclusion of diverse sections of population in our system. Therefore, we need to make more effort to bring different sections of society into legal profession.”

Finally, the chief justice also initiated a dialogue on the longstanding tradition of extended court vacations. He proposed exploring alternatives such as flexi-time for lawyers and judges.

Also Read - Courts Are Closed But Is Justice On Leave? Revisiting The Debate On Judicial Vacations

In conclusion, Chief Justice Chandrachud emphasised the importance of renewing the commitment to uphold the Constitution. He urged a comprehensive assessment of progress, particularly with respect to the four issues he highlighted, and a collective pledge to address the structural challenges facing the judiciary –

“The seventy-fifth year provides an opportunity to meet these challenges and step into the future with an honest assessment of our progress. We must reflect on the journey we have traversed and renew our pledge to uphold the Constitution within and beyond our courtrooms.”

Another notable development from the event was the launch of three citizen-centric information and technology initiatives aimed at modernising the judicial system. Flagging of the diamond jubilee celebrations, Prime Minister Modi launched the Digital Supreme Court Reports (Digi SCR), Digital Courts 2.0, and the new bilingual website of the Supreme Court today. During this address, the Prime Minister reiterated the government's commitment to leveraging technology for the betterment of the judicial infrastructure and ensuring justice for all.

The inauguration ceremony will be followed a ceremonial bench later in the afternoon, to be presided over by Chief Justice Chandrachud and other puisne judges of the Supreme Court. Chief Justices of High Courts and former judges of the top court will also be present, along with Attorney-General Venkataramani, Supreme Court Bar Association President Adish C Aggarwala and others.

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