Acting on a suggestion by Chief Justice of India (CJI) Surya Kant, a few High Courts have implemented working Saturdays twice a month, in a bid to reduce case pendency. However, as we earlier revealed, lawyers from across the country are strongly registering their opposition to the move.
Even as some bar associations gave their consent to the proposal, we conducted a survey to gauge the sentiment at the Bar.
We asked nine questions, ranging from the participant’s age and place of practice to their stance on the proposal.
A total of 853 respondents participated in the survey. While our intention was to limit the survey to practicing lawyers, some respondents acknowledged that they were law students or did not practice at all.
Here is what the data reveals.
Where do you practice?
A majority of the survey participants practice in Delhi – about 380 respondents, accounting for roughly 45% of the total. These respondents primarily appear before the Supreme Court and the Delhi High Court.
We also received a significant number of responses from lawyers practicing before the Bombay High Court, followed by respondents from the Madras, Karnataka and Punjab & Haryana High Courts.
Additional responses came from lawyers practicing before the Allahabad, Gujarat, Kerala, Telangana, Rajasthan, Madhya Pradesh, Calcutta and Patna High Courts. A very small number indicated that they do not belong to the legal profession.
What is your age?
A total of 837 respondents answered the question on age.
324 (38.7%) were below 30 years of age, followed by 289 (34.5%) who were between 31 and 40 years old.
Another 129 respondents (15.4%) were between 41 and 50 years of age, while 61 (7.3%) fell in the 51–60 age bracket. Interestingly, 34 respondents (4.1%) indicated that they were aged 61 or above.
Do you support the idea?
The answer reflects a strong opposition to the proposal of having two working Saturdays a month for High Courts
A total of 604 respondents (70.8%) said that they do not believe that introducing two working Saturdays per month in High Courts is the right move. However, 249 respondents (29.2%) supported the proposal.
Should the Supreme Court also work on alternate Saturdays?
A total of 568 respondents (66.6%) said that they do not believe it would be appropriate for even the Supreme Court to have working Saturdays.
However, 285 respondents (33.4%) said that the Supreme Court should also function on alternate Saturdays.
Is it fair to criticise higher courts for working only 5 days a week?
A total of 663 respondents (77.7%) said that it was not fair to criticise higher courts for working only five days a week.
About 190 respondents (22.3%) felt otherwise.
Will case pendency actually reduce if courts work on two Saturdays a month?
Most participants - 593 (69.5%) - do not believe that increasing working days will solve the issue of backlogs.
A total of 260 (30.5%), however, feel that working Saturdays may turn out to be helpful.
Would the decision affect the work-life balance of advocates, staff and judges?
The answer is clear!
An overwhelming majority of participants – 722 (84.6%) - expressed concern that the decision would negatively disrupt the work-life balance of advocates, court staff and judges. A minority of 131 (15.4%) felt otherwise.
What do you think is a better alternative to reduce the backlog?
A majority of respondents felt that more than one measure was required to tackle case pendency in the High Courts.
Most respondents identified an increase in judicial strength as the primary solution to address the backlog. Some also supported the appointment of ad hoc judges, while others advocated curbing government appeals. However, only a few backed the creation of additional tribunals.