In a significant development, the Acting Chief Justice of the Rajasthan High Court, Justice Sanjeev Prakash Sharma, has intervened in the escalating dispute over new working days. On Tuesday, he ordered the formation of a special five-judge committee to thoroughly examine the strong objections raised by lawyers across the state.
Why Are Lawyers Protesting?
The legal fraternity in Rajasthan is up in arms against a recent decision by the High Court's Full Court. The decision mandated that two Saturdays every month would now be declared as working days for the High Court, effectively adding extra working days to the judicial calendar. Lawyers argue this move was made unilaterally, without any prior discussion or consultation with the bar associations that represent them.
In a powerful display of dissent, advocates practicing at the High Court benches in Jaipur and Jodhpur, along with lawyers from subordinate courts across Rajasthan, abstained from work on Monday. This statewide protest highlighted the depth of their opposition to the new rule.
Legal Challenge and Committee Formation
Following the protest, representatives from the Bar Council of Rajasthan and bar associations of Jaipur and Jodhpur met with Acting Chief Justice Sharma on Tuesday. During this meeting, they presented a firm legal challenge to the Full Court's decision.
Rajeev Sogarwal, the President of the Rajasthan High Court Bar Association in Jaipur, stated a key argument. He pointed out that under Section 23A of the High Court Judges (Salaries and Conditions of Service) Act, 1954, any decision to increase the number of working days for a high court can only be taken by the President of India, not by the Full Court itself.
Responding to these serious concerns, Justice Sharma constituted a committee comprising five judges: Justices Sameer Jain, Kuldeep Mathur, Anil Kumar Upman, Yogendra Kumar Purohit, and Sunil Beniwal. The Registrar General of the Rajasthan High Court in Jodhpur issued the formal order naming the members.
What Happens Next?
The newly formed committee has a clear mandate. It is expected to hold detailed discussions with all stakeholders, including bar representatives and senior advocates, to understand their perspectives fully. The panel must prepare and submit a comprehensive report to the Acting Chief Justice by January 21.
This report will be crucial. Once received by Justice Sharma, it will be forwarded to the Full Court for its consideration. The Full Court will then use this report to make a final decision on whether to retain, modify, or withdraw the controversial order regarding Saturday working days.
The formation of this committee represents a pause in the implementation of the rule and a move towards dialogue. It underscores the judiciary's responsiveness to the concerns of the legal community, aiming to find a resolution that balances administrative needs with the welfare of the advocates who are essential to the justice delivery system.
