Supreme Court Judges Work 7 Days A Week; Vacations Utilised To Reflect On Pending Constitutional Issues : CJI DY Chandrachud

CJI DY Chandrachud during his address at Cambridge University on the theme of transformative constitutionalism had also shed light on the ever-revolving debate over Supreme Court vacations and workload of the judges. He expressed how it was important for Supreme Court judges to take time and reflect on larger constitutional issues posed to them.

During his interaction with the students at Cambridge University, the CJI disclosed how the Supreme Court judges work all days of the week including the weekends and longer vacations. He explained how most of the time is either spent reading and preparing for the cases listed for the next day or reflecting upon judicial answers to pending constitution bench judgments. 

"Every judge in the Supreme Court works 7 days a week. Because between Mondays to Fridays, your are dealing between 40-50 (or sometimes 70-80) cases....through Monday to Friday, all judges are reading the cases for the next day."  

Chalking the daily weekend routine of judges, the CJI said that the smaller and urgent matters are penned by the judges on Saturdays, while most of the Sunday is utilised in going through the case files listed for Monday. 

"Smaller cases where you have reserved judgements, you sit down on Saturdays and dictate the judgements on Saturdays. Sundays is when you start reading about the Monday cases which will be about 70 cases." 

"If you begin reading at 7 o clock or 8 o clock in the morning then all judges will finish reading the cases by 6 or 7 PM in the evening. And if you don't read, you will be found out by the bar because the judge will be scrutinized for every word which you say." 

Why Does The Supreme Court Work Only For 190 Days? CJI Explains 

On the topic of court vacations and why the Supreme Court being the top-most court of the country only sits for 190 days, while High Courts and lower courts sit for longer periods, the CJI spotlighted the need for Supreme Court judges to adequately reflect and think on crucial issues before penning a judgment. 

Since judges also work on constitutional judgements during holidays, the CJI expressed that much time off for brainstorming on cases was essential considering how the key issues raised in such constitutional law cases impact the socio-political and economic dynamics of the country and the rights of citizenry. 

"Is the role of the Supreme Court just about disposing of cases or is it something more fundamental? Or transforming the polity, the society? Incidentally of course I am on vacation, I am travelling to the UK, but at this point of time, I have 6 major constitution bench judgements that I am working on. One of them is (just giving an idea) - on the Status of the Aligarh Muslim University being a minority institution.....these are all cases which are redefining significant social, economic, and political aspects of our lives as well. Now as judges, we need to allow our judges (ourselves) to think and to reflect particularly in the higher courts, because the work is not just to dispose of cases but to deal with these cases of movement." 

According to the CJI, for judges belonging to most constitutional democracies, such a reflective time was the key to understanding their role as global citizens when pondering over questions haveing a vast impact. 

"Unless you give judges more time to reflect and dwell on the critical issues of our time, not just in India but across the world-South Africa, Bangladesh, Nepal, UK,USA, Australia, how would they really be global citizens and understand the place of a Supreme Court in the wider context of the world." 

Recently, Supreme Court judges had expressed disagreement with the views expressed by economist Sanjeev Sanyal, a member of the Prime Minister's Economic Advisory Council, that the Supreme Court judges were taking a lot of vacations. Reports on those developments can be read here and here.

Staggered vacations not feasible

CJI also said that the idea of judges taking vacations on a rotational basis was not feasible as it would deprive lawyers of their vacations.

“We are normally asked, why don't you give staggered vacations to the judges so that judges could take vacation when they want? Great for the judges, but the problem which I face as an administrator - is what about the lawyers? Because the lawyers need time as well … The lawyers would say, 'look you guys (judges) can take vacations when you want but what about us (lawyers)? We need time to reach out to those who give us work, reach out to network. We (lawyers) also need time for our families'.”

Related- Vacations Spent To Write Judgments, Judges Don't Get Weekend Holidays Too; People Who Criticise Don't Realise This : Justice BR Gavai