The Supreme Court of India has amended its 2013 Rules by substituting the term ‘Vacation’ with ‘Partial Court Working Days’ through the Supreme Court (Second Amendment) Rules, 2024. It has made necessary amendments to all rules by substituting the term.
The amendment, issued under Article 145 of the Constitution and approved by the President, seeks to redefine the working schedule of the Supreme Court, revising various operational provisions. The rule has amended different Orders including 2,
A notable amendment to Order I, Rule 4, stipulates that when a period is prescribed by the rules or a court order, the day from which it is counted shall be excluded. If the final day of the period falls on a closure day, including partial Court working days, that day and any subsequent days when the Court is partially open will be excluded from the computation.
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Order II introduces changes to the operational schedule. The new heading, “OFFICES OF THE COURT: SITTINGS ETC.,” reflects a shift in focus.
Under the revised Rule 3 of the Order II, the Court’s offices shall remain open during partial working days and holidays as directed by the Chief Justice.
Further, the Rule 4 states that the Court shall sit in two terms annually, the first commencing from the termination of the partial Court working days and ending with the day immediately preceding such day in December as the Court may fix for the commencement of the Christmas and New Year holidays, and the second commencing from the termination of the Christmas and New Year holidays and ending with the commencement of the partial Court working days.
In addition, in Rule 4, it has stated that the length of the partial Court working days and the number of holidays for the Court and the offices of the Court shall be such as may be fixed by the Chief Justice and notified in the Official Gazette so as not to exceed ninety-five days excluding Sundays.
In Order VI of the Supreme Court Rules, Rule 6 has been amended to reflect changes in the terminology and procedures during partial Court working days. The phrase “During the vacation, the Vacation Judge” has been replaced with “During the partial Court Working days, the Judge,” emphasising the shift in operational language.
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Additionally, Clause (1) has been modified to state that applications for special leave to appeal in urgent cases where interim relief is sought may be heard, provided that the Judge does not decide on such petitions if they raise substantial questions of law concerning the interpretation of the Constitution.
In Order XXXVIII, Rule 1 has been revised. According to the new rule, every such petition must be submitted in writing and heard by a Division Court of no fewer than five judges. However, if a petition does not raise a substantial question of law related to constitutional interpretation, it may be heard and decided by a Division Court of fewer than five judges or, during partial Court working days, by a single judge.
Additionally, all interlocutory and miscellaneous applications linked to a petition under Article 32 may be heard and decided by a Division Court of fewer than five judges or a single judge during partial Court working days, even if the petition involves a substantial constitutional question.
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