By Vikram Kilpady
Ever since the Supreme Court’s ruling in the Tamil Nadu vs Governor case—and the presidential reference that followed—voices linked to the ruling dispensation have gone on the offensive, casting aspersions on the judiciary and questioning the apex court’s authority. These assertions, while loud, are constitutionally misplaced. The Constitution accords equal respect to the legislature, executive, and judiciary—with the Supreme Court as the guardian of this balance.
But even as it guards the Constitution, the top court is not shying away from looking inward. In a recent hearing, a bench comprising Justices Surya Kant and N Kotiswar Singh openly questioned the work ethic and efficiency of High Court judges, even hinting at the need for a performance audit. The trigger was a troubling case from Jharkhand where four convicts—sentenced to life imprisonment—were left in limbo for over two years after the High Court reserved judgment on their appeal without issuing a verdict.
“There are judges who work very hard,” Justice Kant remarked, “but there are also those taking unnecessary coffee or lunch breaks. What is the output for the resources spent? It’s high time we do a performance audit.”
The bench ordered the collection of data from all High Courts and scheduled the matter for further hearing in July, making it clear that judicial delays were no longer a matter to be brushed aside.
WHEN INJUSTICE IS THE DELAY
The petitioners’ counsel, Fauzia Shakil, informed the Court that although the High Court had since acquitted three of the four appellants, they remained in jail due to the judgment lacking clarity on when the verdict had been reserved.
The Supreme Court responded swiftly—directing the Jharkhand government to secure their release “before lunch”. By afternoon, the three were free, and the fourth, who was on bail, was finally vindicated.
Justice Kant, expressing regret at the ordeal, noted that this was a failure of the system—and more precisely, of the judges whose delayed decisions impact lives and liberties.
A LARGER MALAISE
The Court’s scrutiny extended beyond this single case. Justice Kant referred to similar issues in other courts, including the Allahabad High Court, stressing that such delays erode public trust in the justice system. A proper mechanism—possibly new guidelines—may be necessary, the bench suggested, to prevent such lapses and restore faith in the judiciary’s ability to deliver timely justice.
THE VACATION MISCONCEPTION
Amid the criticism, judicial vacations are often blamed for delays. While several judges have defended the practice, public perception remains skeptical. Judges handle immense caseloads and rely on vacation periods to mentally regroup and prepare for complex arguments. Nonetheless, the Supreme Court, under Chief Justice of India BR Gavai, has taken a symbolic step this summer by declaring a “Partial Court Working Day” schedule, ensuring some judicial functioning through late May, June, and early July.
While vacation benches continue to operate, this rebranding might help bridge the perception gap—showing that not all judges are “out on holiday” while justice hangs in the balance.
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