Court vacations (GS Paper 2, Judiciary)
Why in news?
- Recently, Chief Justice of India (CJI) D. Y. Chandrachud said that the Supreme Court will not have a vacation bench when it breaks next week for its annual winter vacation.
- The announcement came the day after Union Law Minister criticised the judiciary for taking long vacations even as pending cases rise to record levels every year.
What exactly did the Law Minister say?
- Responding to questions relating to pendency, he said the issue cannot be resolved until a “new system” on the appointment of judges is evolved.
- He also said that “there is a feeling among people of India that the long vacation which the courts obtain is not very convenient for justice-seekers”, and that it is his “obligation and duty to convey the message or sense of this House to the judiciary”.
What are court vacations?
- The Supreme Court has 193 working days a year for its judicial functioning, while the High Courts function for approximately 210 days, and trial courts for 245 days. High Courts have the power to structure their calendars according to the service rules.
- The Supreme Court breaks for its annual summer vacation which is typically for seven weeks, it starts at the end of May, and the court reopens in July. The court takes a week-long break each for Dussehra and Diwali, and two weeks at the end of December.
- While this judicial schedule has its origins in colonial practices, it has come under criticism for quite some time now.
What happens to important cases during court vacations?
- Generally, a few judges are available for hearing urgent cases even when the court is in recess. The combination of two or three judges, called “vacation benches”, hear important cases that cannot wait. Cases such as bail, eviction, etc. often find precedence in listing before vacation benches.
- It is not uncommon for courts to hear important cases during vacation.
- For example, in 2015, a five-judge Bench of the Supreme Court heard the challenge to the constitutional amendment setting up the National Judicial Appointments Commission (NJAC) during the summer vacation.
- In 2017, a Constitution Bench led by then CJI J S Khehar held a six-day hearing in the case challenging the practice of triple talaq during summer vacation.
Why are court vacations criticised?
- The Law Minister’s critique of court vacations is not new. For one, extended frequent vacations is not good optics, especially in the light of mounting pendency of cases and the snail’s pace of judicial proceedings. For an ordinary litigant, the vacation means further unavoidable delays in listing cases.
- The colonial origins of the practice is not lost on the critics. The summer break perhaps began because European judges of the Federal Court of India found Indian summers too hot and took the winter break for Christmas.
Justice Malimath Committee:
- In 2000, the Justice Malimath Committee, set up to recommend reforms in the criminal justice system, suggested that the period of vacation should be reduced by 21 days, keeping in mind the long pendency of cases.
- It suggested that the Supreme Court work for 206 days, and High Courts for 231 days every year.
230th report of the Law Commission:
- In its 230th report, the Law Commission of India headed by Justice A R Lakshmanan in 2009 called for reform in this system.
- Considering the staggering arrears, vacations in the higher judiciary must be curtailed by at least 10 to 15 days and the court working hours should be extended by at least half an hour.
Supreme Court rules in 2014:
- In 2014, when the Supreme Court notified its new Rules, it said that the period of summer vacation shall not exceed seven weeks from the earlier 10-week period.
Recommendation by Justice Lodha:
- In the past, Chief Justices of India have tried to reform vacation cycles in view of the criticism.
- In 2014, when the pendency of cases hit the 2 crore mark, then CJI R M Lodha had suggested keeping the Supreme Court, High Courts, and trial courts open round the year.
- CJI Lodha suggested that schedules of individual judges should be sought at the beginning of the year, and the calendar should be planned accordingly. With Justice Lodha’s tenure lasting just five months, that proposal did not see the light of the day.
- Former CJI T. S. Thakur also suggested holding court during vacations if parties and lawyers mutually agreed. That proposal too, did not take effect.
What are the arguments in favour of court vacations?
- Within the legal fraternity, the long breaks are strongly defended. Lawyers have often argued that in a profession that demands intellectual rigour and long working hours, vacations are much needed for rejuvenation.
- Judges typically work for over 10 hours on a daily basis. Apart from the day’s work in court from 10.30 am to 4 pm, they also spend a few hours preparing for the next day. A frequently-made argument is that judges utilise the vacation to write judgments.
- Another argument is that judges do not take leave of absence like other working professionals when the court is in session.
- In 2015, even after the Supreme Court heard a midnight plea against the execution of Yakub Memon, Justices Dipak Misra and Prafulla Pant returned to work the next morning. Family tragedies, health are rare exceptions, but judges rarely take the day off for social engagements.
- Legal experts also point out that cutting down on court vacations will not see a dramatic decrease in pendency of cases, at least in the Supreme Court.
- Data show that the Supreme Court roughly disposes of the same number of cases as are instituted before it in a calendar year. The issue of pendency relates largely to legacy cases that need to be tackled systemically.
- The argument that cutting the vacation period would be a solution to pendency is not backed by data, and takes away from real issues that contribute to the pendency problem.
What is the practice in other countries?
- The Indian Supreme Court has the highest caseload among the apex courts around the world and also works the most. In terms of the number of judgments delivered too, with 34 judges, the Indian Supreme Court leads the way.
- In 2021, 29,739 cases were instituted before the Supreme Court, and 24,586 cases were disposed of by the court in the same year.
- In 2022, between January 1 and December 16, the Supreme Court has delivered 1,255 judgments. This is apart from the usual workload of daily orders and hearings in cases where judgments are yet to be delivered.
- By contrast, the US Supreme Court hears approximately 100-150 cases a year, and sits for oral arguments for five days a month. From October through December, arguments are heard during the first two weeks of each month and from January through April, arguments are heard in the last two weeks of each month.
- In the UK, High Courts and Courts of Appeals sit for 185-190 days in a year. The Supreme Court sits in four sessions throughout the year, spanning roughly 250 days.
Keralas five agricultural products get GI Tag
(GS Paper 3, Economy)
Why in news?
- Recently, the five agricultural products of Kerala have been granted Geographical Indication (GI) status.
- The unique features of the products, imparted by the agro-climatic conditions of the geographical area of their production, are the basis for getting geographical indication tag.
The latest Geographical Indications that have been registered are
- Attappady Attukombu Avara (beans)
- Attappady Thuvara (red gram)
- Onattukara Ellu (sesame)
- Kanthalloor-Vattavada Veluthulli (garlic)
- Kodungalloor Pottuvellari (snap melon).
Attappady Attukombu Avara:
- Attappady Attukombu Avara, cultivated in the Attappady region of Palakkad, is curved like a goat’s horn as its name indicates.
- Its higher anthocyanin content compared to other dolichos beans imparts violet colour in the stem and fruits.
- Anthocyanin is helpful against cardiovascular diseases along with its antidiabetic properties. Other than this, calcium, protein, and fibre content are also high.
- The higher phenolic content of Attappady Attukombu Avara imparts resistance against pest and diseases, making the crop suitable for organic cultivation.
Attappady Thuvara:
- Attappady Thuvara is having seeds with white coat. Compared to other red grams, Attappady Thuvara seeds are bigger and have higher seed weight.
- This delicious red gram, which is used as vegetable and dal, is rich in protein, carbohydrate, fibre, calcium and magnesium.
Kanthalloor-Vattavada Veluthulli:
- Compared to the garlic produced in other areas, the garlic from the Kanthalloor-Vattavada area of Devikulam block panchayat in Idukki contains higher amount of sulphides, flavonoids, and proteins.
- It is rich in allicin, which is effective against microbial infections, blood sugar, cancer, cholesterol, heart diseases, and damages to blood vessels.
- The garlic cultivated in this area is also rich in essential oil.
Onattukara Ellu:
- Onattukara Ellu and its oil are famous for its unique health benefits. Relatively higher antioxidant content in Onattukara Ellu helps in fighting the free radicals, which destroy the body cells.
- Also, the high content of unsaturated fat makes it beneficial for heart patients.
Kodungalloor Pottuvellari:
- Kodungalloor Pottuvellari cultivated in Kodungalloor and parts of Ernakulam is consumed as juice and in other forms. This snap melon, which is harvested in summer, is an excellent for quenching thirst.
- It contains high amount of Vitamin C.
- Compared to other cucurbits, nutrients such as calcium, magnesium, fibre and fat content are also high in Kodungalloor Pottuvellari.
GI products of Kerala:
- With the latest five GIs, 17 agricultural products of Kerala facilitated by the Kerala Agricultural University have received the GI status.
About GI Tag:
- A geographical indication (GI) is a sign used on products that have a specific geographical origin and ensures good qualities or a reputation in the region.
- GI is a name or symbol used to check the duplicity of the products related to agriculture, machinery, and sweets etc.
- GI tags are issued as per the Geographical Indications of Goods (Registration and Protection) Act,1999.
India launches Group of Friends for crime against peacekeepers
(GS Paper 2, International Organisation)
Why in news?
- Recently, India has launched a ‘Group of Friends’ to promote accountability for crimes against peacekeepers during India’s current presidency of the UN Security Council.
- India will soon have a database that will record all crimes against the Blue Helmets.
Co-chairs:
- India, Bangladesh, Egypt, France, Morocco, and Nepal are co-chairs of the ‘Group of Friends to Promote Accountability for Crimes Against Peacekeepers’.
Resolution 2589:
- The ‘Group of Friends’ represents the “political will” of member states, particularly of the troop and police contributing countries, to champion the implementation of the provisions of UN Security Council resolution 2589, which was adopted in August 2021 under India’s Presidency of the Council.
- Resolution 2589 had called upon member states, hosting or having hosted United Nations peacekeeping operations, to take all appropriate measures to bring to justice perpetrators of the killing of, and all acts of violence against United Nations personnel, including, but not limited to, their detention and abduction.
- The resolution had also called on member states to take all necessary measures to investigate such acts and arrest and prosecute perpetrators of such acts in line with their national law, consistent with applicable international obligations, including under international humanitarian law.
- The UNSC resolution was co-sponsored by more than 80 member states and unanimously adopted by the Council.
Accountability:
- It will seek to promote accountability in practical terms both within and outside the UNSC.
- Technology can be a force multiplier in achieving these goals. Comprehensive databases and analytical tools for recording and assessing crimes against peacekeepers will be key to addressing impunity.
Crime against peacekeepers:
- In the last three years alone, 68 peacekeepers belonging to 20 countries have lost lives for the cause of peace.
- India, among the largest troop-contributing countries to UN peacekeeping, has lost 177 of its peacekeepers in the line of duty, the largest by far from any troop-contributing country.
About Group of Friends:
- The Group of Friends will seek to facilitate the promotion of accountability for all acts of violence against United Nations peacekeepers; seek facilitation of capacity building and technical assistance to the host state authorities.
- It will actively engage and share information with the Secretary-General and assist the member states hosting or have hosted peacekeeping operations, in
- bringing to justice the perpetrators of such acts;
- serve as an informal platform at the United Nations to exchange information, share best practices and mobilise resources directed at facilitating accountability for crimes committed against peacekeepers; and
- monitor progress on bringing accountability for crimes against peacekeepers.
- The Group of Friends will convene two meetings of its members per year, organise and host one event per year involving Permanent Missions and other stakeholders, designed to inform and galvanise support for promoting accountability for crimes against peacekeepers; and organize and hold other meetings, briefings, and events as needed, based on the annual work plan and developments relevant to safety and security of peacekeepers.
- The Group will convene and be moderated by representatives of the Permanent Missions of Bangladesh, Egypt, France India, Morocco, and Nepal as co-chairs and include all interested Member States and United Nations partners.
