State Bar Councils oppose CJI Lodha’s proposal of 365 working days; BCI to form committee to discuss proposal

Recently, the Chief Justice of India, RM Lodha had made a recommendation that courts should be open throughout the year, a step that would go a long way in clearing the huge backlog of cases..CJI Lodha 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” It would be the concerned court’s Registry that would then finalise the sittings”..In this regard, CJI Lodha had asked the Bar Council of India (BCI) to discuss this proposal with State Bar Councils and submit a report. He has also requested the Chief Justices of all the states to give their views in consultation with their colleagues..On the recommendation of CJI, the Bar Council of India held a joint meeting yesterday where the representatives of the State Bar Councils and State Bar Associations were present 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. The other concern is the implementation of this proposal. Members are of the view that there is no modality provided on how to implement the idea of 365 working days of courts..Some of the suggestions made during that the meeting was having courts open six days a week, increasing the working hours and appointing more judges..The BCI Chairman said, “As per this proposal, judges will still get their holidays as per their entitlement but what about the leave of advocates” although he added it is not as if lawyers are not concerned about speedy delivery of justice..The BCI has resolved to constitute a committee for further deliberation on this proposal and discussion with CJI Lodha.