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Author - Associate Aliza Abdin

In a country like India where thousands of cases are heard every day in the Supreme Court, the highest judicial court of India and the final court of appeal it is practically impossible for the SC to go on a vacation for weeks leaving hundreds of important cases pending. In case of extreme urgent matters, the litigants can still approach the Supreme Court and for the same a vacation bench is constituted by the Chief Justice of India during the Court holidays. And hence when the court takes two long holidays twice a year, it is not fully closed but a vacation bench works in its place.

What is a Vacation Bench?

In simple words, a vacation bench is a special bench suitably constituted to carry out the functions of a tribunal court when it is on vacation. Every vacation bench comprises of two judges and sits for six days so naturally there are six benches covering thirty-six days. A vacation bench is liable to hear only urgent matters, although there is no specific clarification as to what these urgent matters may be but it usually hears cases relating to writs (habeas corpus, certiorari, prohibition and quo warranto) and the enforcement of fundamental rights. Apart from Supreme Court, the high court and tribunal courts can also appoint vacation benches to hear cases under their jurisdiction.

This year, the Chief Justice of India, Ranjan Gogoi along with Justice M.R. Shah was on the bench from 25th May to 30th May.

Important Guidelines for listing in the Vacation Bench

1. Every case to be heard by the vacation Court must be accompanied by an affidavit that states the terms obligatory for its treatment as an urgent matter.

2.“The required material facts and particulars should invariably include the nature of the matter, the date of the impugned order, if any, the reason for not filing it before the vacation, the latest date up to which the matter can be heard in view of the indicated urgency, and the nature of the interim order sought.

3. No matter shall be entertained and considered for listing before the vacation judges unless it is, inter alia, accompanied by an affidavit that is sufficient to indicate the urgency for it being heard.”

 Matters Considered Urgent by the Vacation Bench

1. “Cases in which the death penalty has been pronounced.

2. Habeas corpus petitions and those relating to apprehensions of the demolition of property.

3. Dispossession and eviction.

4. Issues of “general public importance”, comprising of issues related to post-poll developments including the counting or government formation.

5. Anticipatory bail and normal bails.

6. Cases where the jail term ranges from one year to life imprisonment.

7.  Service matters relating to transfers and dismissals.”

Importance of Vacation Bench in India

Vacations are an integral part of a lawyer’s and a judge’s life. Just like all other human beings, the judicial officers also need a vacation period and for the same, the Supreme Court and all other Courts of the country take two long vacations in a year- summer and winter.

A vacation bench works in the absence of courts during vacations because judiciary- the most important and powerful part of the constitution cannot easily take a break from giving justice.

Therefore, a vacation bench is very crucial in a country like India for rendering justice and providing the citizens of India fair and independent judgment in accordance with the law. Millions of people of this country have firm confidence in the judiciary and the Chief Justice of India and it upholds it sincerely.

Landmark Judgements by the Vacation Bench

Vacation bench of the Supreme Court has worked actively in the past years to deliver justice in the absence of Supreme Court. The vacation bench efficiently functions and has given a number of important cases. Some of them are as follows:

1.     “Indira Gandhi v/s Raj Narain case, 1975

2.     NJAC, 99th Amendment, 2015

3.     Whatsapp Privacy case, 2017

4.     Triple Talaq case, 2017

5.     Bangladeshi Infiltrators case, 2017

6.     Karnataka assembly results case, 2018”

Conclusion

Therefore, these vacations that the courts take twice a year are theoretical in nature. And the judges of the courts continue working under the name of a vacation bench. And so the judiciary gets no vacation and works day and night for preserving law and order in the country. There have been references (Karnataka assembly results case, 2018) in the past where the vacation bench sat as late as midnight without prior notice for preserving the democracy and fraternity of the country.

This year’s vacation bench’s schedule is given below:

• May 13 to May 20 – Justices Indira Banerjee and Sanjiv Khanna

• May 21 to May 24 - Justices Arun Mishra and MR Shah

• May 25 to May 28 – Chief Justice Ranjan Gogoi and Justice MR Shah

• May 29 to May 30 - Chief Justice Ranjan Gogoi and Justice   MR Shah

• May 31 to June 2 – Justices L Nageswara Rao and MR Shah

• June 3 to June 5 – Justices Indu Malhotra and MR Shah

• June 6 to June 13 – Justices Indira Banerjee and Ajay Rastogi