This paper is divided into 3 parts dealing with the judicial vacation culture internationally, in the Supreme Court and High Courts in the country along with the district courts in India; and compares their working days with that of different sectors operating in the country. The data analyzed was obtained from filing RTI Applications with various public authorities, and detailed scrutiny of the annual court calendars published by every court in the country.
Vacations- derived from the Latin word, vacationem, means a period of the fixed holiday period, between terms. It is a period of rest and relaxation between strenuous work. Therefore, judicial vacations can be defined as that period of time where the courts of law perform no active functions and only extremely urgent matters are taken up for hearing by the vacation benches appointed for this period. These judicial vacations have played an essential role in lawyers’ lives. The concept of judicial vacations in India is a gift of the British Raj and has been amended by the Supreme Court in India from time to time.
However, the need for judicial vacations has been questioned time and again by various legal scholars. To answer this question, it is essential to answer specific fundamental questions- Are judicial vacations native to India? How did they come into existence? Is the Indian judiciary working at par with other sectors in the country? And many more. Let us deal with them, one by one.