5 Qs | Congress MP Vivek Tankha: ‘Sovereign function doesn’t go on vacation’

My suggestion is that courts are a continuing activity…There’s no question of courts being on vacation. This is a colonial concept. Judges and lawyers can go on vacations.

Why do you feel the need for this change?

Court can never stop functioning because people have bail applications and other important issues. Nearly 5 crore cases are pending in India. Judicial reforms should start from within…It’s like the government, which never stops functioning. This (courts) is also a function, a sovereign function, and a sovereign function does not go on vacation.

In your experience, how do long vacations affect delivery of justice?

Out of 365 days, the Supreme Court works for about 210-215 days and High Courts work for 210 days. In addition, not in Delhi but in other High Courts, you have strikes and condolences, so at the end of the day, they may be working for 180 or 200 days. If I can work for 300 days, the system can work for 300 days, see the amount of cases that can be disposed of. Half the time, the judges don’t even go for a vacation because how many times will you go to a hill station? They can go on vacation as per their need, the institution should keep functioning.

How is this issue handled in other countries?

There is no concept of vacations for the court in other countries. This was a concept that started with British judges as they used to go back to England. They don’t have vacations in England, but had them in India.

Do you think it will be acceptable to the court? And is it appropriate for the Law Minister to make this suggestion to the court?

It is the sentiment of the nation and everybody is feeling the need for reform. We’re not taking away their facility, not saying they will not get a vacation. They will get their vacation for one month or whatever number of days is decided. There is nothing wrong if the Law Minister makes the suggestion. Even the Parliamentary Standing Committee can make the suggestion. This is in public interest.