New Delhi: As the Supreme Court commences its 48-day summer vacation, many former Chief Justices of India said their efforts to reduce pendency by shrinking the holidays were frustrated by both judges and advocates.

Just a few weeks back, CJI T S Thakur had become emotional while appealing to the government to speed up the appointment of judges to high courts as the huge pendency of nearly 40 lakh cases in HCs cast an enormous burden on judges.

Former CJIs feel reduction in holidays would be a major step to counter pendency. The 1966 rules of the SC had allowed it to take a summer break up to 10 weeks. The first reduction in the recess happened under then CJI Y K Sabharwal, who cut it down to eight weeks.

Many succeeding CJIs, including Justices S H Kapadia, P Sathasivam, R M Lodha and H L Dattu, tried to convince judges and the bar association to trim the break. "But the judges and advocates stonewalled any proposal for reducing the break. No doubt the summer is harsh in Delhi. But all others work during the summer. So why not judges," said an ex-CJI.

It was Lodha who wanted courts, including the SC, to function 365 days a year and had presented a blueprint for it. He had proposed that every judge would intimate in advance the major periods of leave he would take in a year and that would be incorporated to chart out a roster for sitting of judges without the SC closing for a day.

During Lodha's tenure as CJI, the 1966 rules were amended and the summer break was officially reduced from 10 weeks to seven. "It would be ideal to reduce the summer break to four weeks," some ex-CJIs told TOI .

"The SC closes for two weeks for the winter break. It also closes for 10 days each for Holi, Dussehra and Diwali. The winter break could be reduced to a week and Holi, Dussehra and Diwali could each have three days holiday," they said.

If the suggestions are taken and implemented, it will produce an additional 50 working days for the SC, the ex-CJIs said. In a year, at present, the SC works for 193 days, the HCs 210 days and trial courts 245 days.



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