SCBA opposes CJI Lodha 365 workdays scheme; Suggests increasing court timings by one hour

The Supreme Court Bar Association has written a letter to the Chief Justice of India, R.M. Lodha opposing his suggestion that courts should function 365 days in a year..The CJI had recently proposed a scheme that the courts should be open throughout the year, a step that would go a long way in clearing the huge backlog of cases..The CJI had also clarified that this would not mean that judges would not be getting the holidays that they are entitled to; rather, the judges would be allowed to take holidays, “whenever they choose to rather than on fixed days and at fixed periods in the year”..Reacting to this proposal, SCBA said that there was no mention of a similar option being granted to members of the Bar..The SCBA through its president P H Parekh, said, “The members of the bar cannot possibly work for 365 days as no human being can or should work 365 days…..It is believed worldwide that the holidays are very necessary for the efficient and effective functioning of any Institution.”.The letter goes on to state that,.“Although the object, purpose of Your Lordship to reduce the ever increasing arrears of matters in all courts, which no doubt is extremely necessary, is very valid and wholesome” but “on the face of it, 365 days work scheme may not reduce the arrears because if working hours of the Hon’ble Judges remain the same the judicial output will remain constant.”“In fact the new scheme may perhaps result into increase in the arrears because on Saturdays, Sundays and other holidays, the stakeholders in administration of justice may not take the judicial work as seriously as they do it on working days.”.The SCBA has instead, made a number of suggestions to CJI to combat the backlog. It has suggested that judicial posts in all courts should be filled up on the very day the vacancy arises, that the punctuality of judges be monitored, and ensuring that only competent and deserving Judges were appointed..The suggestions are not only for judiciary but for lawyers as well. In an example of introspection that is quite rare, the SCBA has admitted that there can be no justification for lawyers going on strike except in the rarest of rare cases because it affects their own clients and it affects their image also. The SCBA’s letter states that rather than going on strikes, lawyers may wear a black ribbon to show their disagreement..Lastly, SCBA has suggested increasing working hours of all courts may be by one hour on all working days as an experiment in order to see if disposal of matters increases and if it does then this may done for year or so, till the arrears reduced..The Bar Council of India had also recently held a joint meeting with the representatives of the State Bar Councils and State Bar Associations to discuss the proposal and its implementation. The BCI Chairman Biri Singh Sinsinwar said, “We are open to the idea of courts being open for more days than usual but the main concern for the lawyers is that it is not possible for them to attend court for 365 days.”