Five Crore Cases Wait. The Court Rebranded Its Vacation Instead of Ending It.

The Court Didn't Fix Its Vacation Problem. It Renamed It. Judges deserve rest - genuinely, uncontroversially. The question this editorial raises isn't whether judges should get time off. It's why an institution sitting on a three-century backlog lets nearly its entire workforce disappear at the same six-week stretch, every single year, rather than staggering that same rest across the calendar.

THE CASE FOR THE STATUS QUO Indian judges are, by most measures, among the most overworked in the world. The daily cause-list is brutal; recess periods are when reserved judgments finally get written and genuine thinking time becomes possible.

Even during the "vacation," urgent matters are still heard by rotating Benches and last year the Chief Justice and four senior-most colleagues worked through the first week regardless. This isn't idle rest - it's recovery time for an institution running its people close to the edge and treating it as pure indulgence misreads what judges actually do during recess.

WHAT THAT ARGUMENT SIDESTEPS But none of that explains why the rest has to be simultaneous. A hospital doesn't empty every ward because its doctors are owed leave - it builds a roster so care never stops. The judiciary's own watchdogs have said exactly this: a 2023 Parliamentary Standing Committee report explicitly objected to courts going on vacation "en masse" and recommended staggering leave instead.

The 2024 reform that followed changed the label - "summer vacation" became "partial court working days" - without changing the substance: annual sitting days stayed at roughly 190. A litigant with a stuck case does not care what the recess is called.

He cares whether his matter gets heard. THE VACANCY OBJECTION, AND WHY IT CUTS THE OTHER WAY The standard defence is that vacations aren't the real disease - judicial vacancies are, with up to a third of High Court seats empty.

That's true. But it argues against the current system, not for it: if the Bench is already running under strength, thinning it further for six coordinated weeks each summer isn't a defence of the practice, it's the strongest case against it.

WHERE THIS LEAVES US TAN's position is that staggered leave is the obvious, low-cost reform the judiciary can implement on its own authority - no legislative permission needed - and it should have replaced, not accompanied, the 2024 rebrand.

The deeper structural fix is reducing what reaches courts at all: Lok Adalats already dispose of crores of cases annually and the Mediation Act of 2023 offers a pre-litigation off-ramp, both chronically underused. But staggered leave is the reform available immediately and its absence - replaced by a name change - is what makes the current arrangement genuinely indefensible.