In a significant move to ensure the continuous functioning of justice, the Supreme Court of India will convene a special vacation bench later this month. This bench will be led by none other than the Chief Justice of India, Justice D.Y. Chandrachud.
Special Bench to Address Pressing Matters
The apex court is currently observing its annual winter recess, a period when regular benches do not sit. However, to address matters that cannot wait, the Supreme Court registry has issued a circular announcing the formation of a special bench. This bench will assemble on Friday, December 22, 2023, specifically to hear urgent cases that require immediate judicial intervention.
The circular clearly states that the bench will be presided over by the Chief Justice of India. Lawyers and litigants who have matters deemed extremely urgent can now prepare to mention them before this special bench. This mechanism is a crucial part of the court's protocol, ensuring that the doors of justice are never completely closed, even during scheduled holidays.
Ensuring Access to Justice During the Break
The Supreme Court's winter vacation for the current year began on December 18 and is scheduled to last until December 31, 2023. During this extended break, the special bench acts as a vital safety valve. It provides a constitutional remedy for citizens and entities facing emergencies that cannot be postponed until the court reopens in the new year.
The process for getting a case heard involves lawyers mentioning the matter before the bench, after which the CJI-led bench will decide if the issue warrants an immediate hearing. This practice underscores the judiciary's commitment to its foundational role, balancing the need for a break for its judges with the imperative to deliver timely justice.
The announcement of the December 22 sitting brings relief to many who might be grappling with legal crises during the holiday season. It reaffirms the principle that the justice system remains alert and responsive, regardless of the calendar.
A Established Practice of the Supreme Court
Constituting special vacation benches is a long-standing tradition of the Supreme Court of India. It is a procedural cornerstone that upholds the right to legal recourse. These benches typically handle a range of urgent petitions, which can include:
- Matters related to personal liberty and habeas corpus petitions.
- Cases where a stay order from a lower court is about to expire.
- Election-related disputes that have imminent deadlines.
- Other situations where irreparable harm or injustice may occur due to delay.
The decision to have the Chief Justice himself lead this particular bench highlights the importance attached to the session. It ensures that the highest judicial authority in the country is directly available to assess the gravity of the mentioned pleas.
As the legal community takes note of the circular, attorneys across the nation are now reviewing their caseloads to identify matters that meet the stringent criteria of "urgency" required for a hearing on December 22. This single-day sitting, though brief, is a powerful symbol of the judiciary's unwavering duty to the public.
