SC redefines ‘summer vacation’ as ‘partial working days’

Stung by criticism of being on “vacation” for seven weeks during summer, the Supreme Court, with the approval of the President of India, has amended its rules to introduce “partial working days” in place of the term “summer vacation,” a move that seeks to highlight the fact that some benches continue to operate even during the court’s annual summer recess.
This modification, announced through a Gazette notification on Thursday, aims to counter public and governmental perceptions that the court remains entirely inactive during its seven-week break from late May to mid-July. Effective from 2025, this new terminology will appear on the Supreme Court calendar, replacing “summer vacation.”
The Supreme Court has also substituted the term “Vacation Judge” with simply “Judge,” highlighting that even during breaks, a section of the court continues to function.
Also Read | ‘Yes, death penalty is…’: AI lawyer responds to CJI Chandrachud’s question
According to people aware of the matter, the decision was reportedly reached in a full-court meeting, where judges expressed the view that “summer vacation” inaccurately suggested a complete halt in judicial work. “Partial working days” reflects the reality that judges and supporting staff continue to hear urgent cases, draft judgments, and complete preparatory work for cases, even during periods traditionally viewed as recesses, said the people cited above.
The court’s decision to redefine its vacation period comes amid ongoing criticism regarding judicial vacations and work hours.
Chief Justice of India Dhananjaya Y Chandrachud, a media event in March 2023, had taken this criticism head on, underlining that judges of the Indian Supreme Court hold court for 200 days (about six and a half months) in a year, compared to the US Supreme Court that sits for 80 days, the Australian Supreme Court for less than 100 days, and the UK and Singapore Supreme Courts for 145 days. “What people don’t know is that most of the time in the so-called vacation is spent on preparing judgments which you have kept in reserve because you have just had no time during the week when you are working seven days just trying to keep ahead of the curve to deal with your cases,” the CJI said then.
Also Read | SC orders compensation for all sexual assault survivors
In May this year, a bench of justices Dipankar Datta and Satish Chandra Sharma also addressed the issue, stating that the perception of judges taking long vacations is misleading. They noted that while the judiciary does have scheduled breaks, judges remain involved in case preparation and often conduct proceedings for urgent matters. The exchange took place on May 22 and was sparked in part by remarks from Sanjeev Sanyal, an economic advisor to Prime Minister Narendra Modi, who suggested that the judiciary’s “long vacations” contributed to delays in the justice system. In response, Justice Datta highlighted that the delay often stemmed from government bodies not adhering to deadlines for filing appeals and petitions.
Earlier in the same month, a bench led by justice BR Gavai had stated: “People who criticise us for having long vacations do not know that we do not have a holiday on Saturdays and Sundays. These days are filled with conferences and other assignments…We also get the time to write long judgments during vacations.”
The debate over judicial vacations is ongoing. A Parliamentary panel in August 2023 recommended ending long court vacations, citing the common man’s perception about judiciary and massive pendency of cases. Although the panel acknowledged that vacations are not the sole reason for case backlogs, it viewed these breaks as a “colonial legacy” causing inconvenience to litigants.
In 2009, the law commission recommended that vacations be curtailed by at least 10 to 15 days while increasing the retirement age by at least three years. While the amendment in the Supreme Court Rules in 2014 by then CJI RM Lodha cut the summer vacation by about three weeks, the SC’s sanctioned strength went up by just three judges and the retirement age remained static at 65. The law commission, in 1987, recommended 107 total judges per million by the year 2000. At last count in 2022, this number stood at 21.
The criticism around the vacations in the top court requires an evaluation on three key benchmarks – the bench strength of judges, the time needed to write detailed judgments and the calendar of other apex courts around the world.
From a sanctioned strength of eight judges in 1950 to 34 at present, the statistics reveal that the rise in the volume of cases has far outstripped the increase in the judges’ strength. In 1950, the SC had 1,215 cases and decided 525 of them, averaging about 75 cases per judge. However, in 2019, there were 43,613 cases filed and the apex court decided 41,100 of them – an average disposal of around 1,400 cases per judge.
Furthermore, each bench, which comprises two or three judges, handles a significant caseload, often hearing 50-60 matters daily, leaving judges with little time to examine intricate questions of law and the Constitution – a work that is exhaustive and needs sifting through delicate interpretations of the law. Judges have maintained that they spend a a substantial time during vacations researching, deliberating on and drafting judgments, which is a vital process for ensuring justice is delivered with clarity and precision.
Moreover, during the break, the court registry and staff work like any other government office, and judges sit in rotation for vacation benches that hear cases five days a week. These benches not only take up urgent matters but also fresh appeals and some old cases, where the lawyers have agreed to argue during the vacation.
Comparing the vacation schedules of the Supreme Court of India with those of other apex courts worldwide may also provide valuable context. The Supreme Court sits for an average of 200 days every year, the US Supreme Court does so for 80. The apex court of Australia sits for only two weeks per month and does not sit at all for two months. In all, it sits for less than 100 days in a year. Similarly, Singapore’s Supreme Court sits for about 145 days in a year. The UK Supreme Court is one of the few apex courts which sits for almost the same number of days as India’s top court. In many of these jurisdictions, the apex courts only handle constitutional cases while the Indian Supreme Court not only acts as the highest constitutional court but also as the last court of appeals. This increases its workload manifold.