Introduction
In a significant move aimed at ensuring uninterrupted access to justice, the Supreme Court of India has announced a special vacation sitting on December 22, 2025, to hear urgent matters during the ongoing winter recess. The decision underscores the judiciary’s commitment to timely adjudication, particularly in cases requiring immediate judicial intervention.
The special sitting has been constituted by Chief Justice of India (CJI) Surya Kant, following oral mentions made by several lawyers seeking urgent listings. The Court is currently on winter vacation from December 19, 2025, to January 5, 2026, during which regular benches are not functioning.
Constitution of the Special Vacation Bench
The Special Vacation Bench will comprise:
- Chief Justice of India Surya Kant
- Justice Joymalya Bagchi
The bench is scheduled to sit on Monday, December 22, 2025, exclusively to take up matters that demand immediate judicial consideration and cannot await the reopening of the Court after the vacation.
This move reflects a pragmatic and responsive approach by the Supreme Court, balancing judicial recess with the necessity of addressing pressing legal issues.
Background: Oral Mentions and Judicial Assurance
On December 19, 2025, during the last working day before the winter break, several advocates orally mentioned urgent matters before the Chief Justice. Acknowledging the concerns raised, CJI Surya Kant assured the Bar that a special sitting would be arranged to prevent undue delay in cases involving urgency.
Fulfilling this assurance, the Supreme Court promptly notified the special vacation bench, reinforcing trust between the Bench and the Bar and reaffirming the Court’s role as a guardian of constitutional rights even during recess periods.
Importance of Special Vacation Sittings
1. Ensuring Access to Justice
The Supreme Court has consistently held that access to justice is a fundamental right under Article 21 of the Constitution. Special vacation sittings play a crucial role in safeguarding this right by ensuring that litigants with urgent grievances are not left remediless due to procedural breaks.
Matters involving personal liberty, habeas corpus petitions, imminent demolitions, stay of coercive actions, election-related disputes, and constitutional emergencies often require immediate attention, making such sittings indispensable.
2. Preventing Irreversible Harm
Judicial delays in urgent cases can result in irreparable injury. Special sittings allow the Court to intervene at critical moments, prevent irreversible consequences, and maintain the rule of law.
For instance, cases involving arrests, custodial violence allegations, environmental damage, or urgent policy challenges often cannot wait until the Court resumes its regular functioning.
3. Judicial Accountability During Vacations
While court vacations are essential for judicial rest and administrative planning, the Supreme Court has evolved a practice of vacation benches and special sittings to ensure that justice delivery does not come to a complete halt.
The December 22 sitting is part of this institutional balance, ensuring accountability while respecting the need for judicial downtime.
Legal Framework and Practice of Vacation Benches
Although the Supreme Court Rules do not mandate special sittings during vacations, it is a well-established convention for the Chief Justice, as the Master of the Roster, to constitute vacation benches or special benches when circumstances demand.
Historically, the Supreme Court has held vacation benches during summer and winter breaks to hear:
- Habeas corpus petitions
- Bail and anticipatory bail matters
- Urgent constitutional challenges
- Election-related disputes
- Matters involving demolition, eviction, or environmental urgency
The December 22 special sitting aligns with this long-standing judicial practice.
Role of the Chief Justice as Master of the Roster
The power to constitute benches lies exclusively with the Chief Justice of India, who functions as the Master of the Roster. By personally presiding over the special vacation bench, CJI Surya Kant has sent a strong message about the importance of judicial responsiveness and leadership.
The presence of the Chief Justice ensures that high-stakes and sensitive matters receive authoritative consideration and prompt directions.
Significance for Litigants and the Legal Community
For Litigants
The announcement provides reassurance to litigants whose cases involve urgent relief. It ensures that justice will not be delayed merely due to the Court’s vacation schedule.
For Lawyers
For members of the Bar, the special sitting reflects a healthy judicial-bar relationship. It acknowledges the concerns raised through oral mentions and demonstrates institutional sensitivity to professional inputs.
Broader Context: Supreme Court’s Proactive Stance in 2025
Throughout 2025, the Supreme Court has taken several proactive steps to ensure effective justice delivery, including:
- Advising virtual hearings during air pollution emergencies
- Constituting special benches for urgent constitutional matters
- Emphasising inclusivity and access to justice
- Streamlining procedures to avoid unnecessary delays
The December 22 vacation sitting is a continuation of this broader approach towards judicial efficiency and constitutional responsibility.
Conclusion
The Supreme Court’s decision to hold a special vacation sitting on December 22, 2025, is a timely and commendable step that reinforces the judiciary’s commitment to justice, accountability, and constitutional values.
By ensuring that urgent matters are not deferred due to procedural vacations, the Court has once again reaffirmed that justice must not only be done but must also be seen to be done—without delay.
As the apex court remains on winter break until January 5, 2026, the special sitting stands as a reminder that the doors of justice remain open when urgency demands intervention.
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