In a significant decision, the Delhi High Court has affirmed the autonomy of the National Consumer Disputes Redressal Commission (NCDRC) in fixing its judicial calendar, including prescribing summer and winter vacations. The Court firmly rejected the Union Government’s claim that such vacations could hamper case resolution and affect justice delivery.
The verdict came in response to a petition by the All India Bar Association of NCDRC, seeking the restoration of traditional vacation breaks in June and December, which were halted post-2020 due to the pandemic. The petition emphasized the mental and professional well-being of lawyers, highlighting that they are not entitled to paid leaves like other employees.
“Advocates also have a right to life under Article 21 of the Constitution which includes a dignified and healthy life,” the petition stated.
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Justice Sachin Datta, while delivering the judgment, highlighted that the NCDRC is a tribunal vested with judicial powers and functions, not just another government department. The Court said the President of NCDRC has full discretion to set the Commission's judicial calendar and can decide when benches will convene.
“It is completely erroneous to suggest that prescribing for vacations…would undermine the salutary object of speedy redressal of consumer disputes,” the Court observed.
The Centre had opposed the petition, arguing that halting proceedings could cause backlog and delay justice. However, the Court dismissed this concern as unjustified. It further stated that vacations provide essential time for judges to research, write detailed judgments, and for technical upgrades in court systems.
The Court also noted that similar quasi-judicial bodies like the NGT, NCLAT, and CAT observe regular vacations and that NCDRC should not be treated differently.
“The NCDRC enjoys autonomy as an independent authority…this autonomy must extend to all facets of functioning, including determining its calendar,” the judgment emphasized.
Finally, the Court directed the Department of Consumer Affairs to consider the NCDRC President’s communication seeking reinstatement of vacation days. The Court clarified that vacation decisions affect only the judicial sittings and not the administrative work of the Commission.
“Let the calendar for NCDRC be fixed in consultation with its President and after considering views of all stakeholders including the Bar Association,” the Court directed.
This ruling reinforces the importance of judicial independence in tribunals and recognizes the need for periodic breaks in legal institutions, balancing speedy justice with judicial efficiency and well-being.
Title: ALL INDIA BAR ASSOCIATION OF NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION v. UNION OF INDIA & ANR.
