Court vacation causes backlog is a myth; NCDRC entitled to decide its holidays: Delhi High Court

The Delhi High Court recently held that the President of the National Consumer Disputes Redressal Commission (NCDRC) has the autonomy in deciding the consumer forum's judicial calendar and can prescribe certain days for vacation in June and December [All India Bar Association of National Consumer Disputes Redressal Commission v Union of India & Anr]..Justice Sachin Datta rejected the Central government’s argument that vacations would lead to a backlog of cases and hinder access to justice. “Also, contrary to some prevailing notions, even on working days, judicial work is not confined to presiding over court proceedings, and extends well beyond regular working hours… Judicial notice can also be taken of the fact that the cases arising for consideration by the tribunals such as NCDRC often involve complex issues, requiring considerable time in analysis, research and incorporation of detailed legal reasoning in its judgments, for which there may not be sufficient time during regular Courts days,” the Bench said. The notion that courts/ tribunals have excessive vacations is a common myth based on a complete misconception as regards judicial functioning and workload, the High Court underlined.“Moreover, it is a matter of common knowledge that judicial vacations provide a crucial window for technical up-gradation without disrupting the daily proceedings. This period is effectively used to implement improvement in infrastructure, digitalization and case management systems. It is, therefore, complete erroneous to suggest that prescribing for vacations, including during June/December, would undermine the salutary object of speedy redressal of consumer dispute," the single-judge said. .The Court made these observations while dealing with a plea filed by the All India Bar Association of National Consumer Disputes Redressal Commission seeking restoration of summer and winter vacations in NCDRC. It was stated that the vacations existed on the NCDRC calendar till 2020 but were discontinued in 2021. This was in variance with other tribunals like the Central Administrative Tribunal (CAT), National Company Law Appellate Tribunal (NCLAT), National Green Tribunal (NGT), Armed Forces Tribunal (AFT), the Court was told. The Bar argued that there is no justification for this divergence and that the same severely jeopardized the well-being of the legal fraternity and adversely affected the administration of justice.In its response, NCDRC said that holidays at the Commission are governed by the calendar of the Central government. Meanwhile, the government argued that the decision of other bodies to continue with the vacation does not automatically justify the NCDRC doing the same and such mechanical decision of other adjudicatory bodies to have vacations is to be avoided since it fails to account for the unique circumstances and operational necessities of the National Commission..The notion that courts/tribunals have excessive vacations is a common myth based on a complete misconception as regards judicial functioning.Delhi High Court.After considering the case, Justice Datta said that NCDRC has wide judicial powers, enjoys autonomy and authority and cannot be compared to a government department. “Rule 3 of the Consumer Protection (Consumer Dispute Redressal Commission) Rules, 2020 cannot be construed as conferring power of the Central Government to determine the judicial calendar of the NCDRC. While the working days and office hours for the purpose of administrative staff can be fixed in accordance with Rule 3 of the Rules 2020, the NCDRC would enjoy in autonomy, as far as, drawing up of its judicial calendar is concerned, which include determining the dates on which Benches will sit,” the Court ruled. Therefore, the Court disposed of the plea with an order to Central government to consider the representation moved by NCDRC bar seeking restoration of summer and winter vacations. However, it added that the NCDRC President will have autonomy in deciding the commission’s judicial calendar. .Senior Advocate Abhijat along with advocates Navneet Kumar, Sanjeev Kumar Verma, PK Seth, Sagar Saxena, Pratyush Sharma and Avnish Kumar appeared for the NCDRC bar association. Advocates Saarika Singh, Chetan Jadon and Shivangi appeared for the Central government. .[Read Order]