Introduction

During the Supreme Court’s 75th-year Foundation Day address, the Chief Justice of India (CJI) highlighted four crucial issues within the judiciary that require “difficult conversations.”
This article delves into these issues and their historical context.

Major Issues with Legal Profession

Definition: Adjournment culture refers to the practice of lawyers repeatedly seeking adjournments, delaying scheduled hearings.
Effect on Justice: Prolonged adjournments lead to case delays and contribute to the growing backlog of pending cases.
Legal Framework: Order XVII of the Civil Procedure Code, 1908 sets rules for granting adjournments, limiting them to three times, with sufficient cause shown.
Vicious Cycle: Advocates exploit heavy workloads to seek adjournments, perpetuating delays.

Constitutional Bench Matters: The court directs parties to schedule oral arguments to avoid repetition in important cases.
Mixed Success: Past cases, like the Ayodhya title dispute, had lengthy hearings despite scheduling.
Recent Improvements: Under CJI UU Lalit, a Constitution Bench case involving EWS reservations achieved efficiency through time scheduling.
US Model: The US Supreme Court restricts oral arguments to 30 minutes per side, considered but not adopted in India.

Flexi-Time: Introducing flexi-time for lawyers and judges is suggested, allowing them to choose working hours within a specified total.
Philippines Example: The Philippines implemented flexi-time for court employees based on valid reasons.
Historical Suggestions: Past reports and government recommendations aimed to reduce court vacations to tackle case backlog.
Supreme Court Rules: In 2014, the court limited summer vacations to seven weeks instead of ten.

Leveling the Field: The CJI emphasizes providing a level playing field for first-generation lawyers and marginalized segments with the potential to succeed.
Progress: Over 50% of junior civil judge exam candidates are women, and 41% of Supreme Court law clerk candidates are women.
Inclusivity Efforts: Initiatives by the Supreme Court Advocates-on-Record Association (SCAORA) aim to support diversity, including giving weightage to first-generation lawyers for Senior Advocate designations.
Judicial Recognition: The judiciary acknowledges the growth and contributions of first-generation lawyers, dismissing claims that recognition is solely based on wealth and proximity.

The judiciary faces multifaceted challenges, including adjournment culture, oral argument lengths, court vacations, and ensuring a fair platform for first-generation lawyers.
Addressing these issues requires frank discussions, reforms, and continued efforts to uphold the principles of justice and inclusivity within the legal profession.