Supreme Court Shifts to Virtual Hearings on Mondays and Fridays Amid Fuel Crisis

The Supreme Court of India has directed that all matters listed on miscellaneous days, including Mondays and Fridays, as well as during partial working days, shall be heard only through video conferencing until further orders. The direction comes in the context of the Central Government advisory on fuel conservation following the ongoing global energy crisis triggered by the conflict in West Asia. However, the Court clarified that it cannot compel advocates to attend hearings exclusively through virtual mode and can only make an earnest appeal to members of the Bar to opt for video conferencing.

What the Supreme Court Has Ordered

The administrative order makes video conferencing mandatory for all miscellaneous-day hearings, which include admission matters, bail applications, and other interlocutory proceedings typically listed on Mondays and Fridays. On regular hearing days (Tuesday through Thursday), virtual appearances are encouraged but not compulsory. Cases involving final arguments and part-heard matters on regular days will continue to be heard in the hybrid mode that has been in place since the post-pandemic period.

Advocates who encounter difficulties with video conferencing on Mondays and Fridays are permitted to appear physically in court. The order was passed after consultations with the Supreme Court Bar Association, which had raised concerns about the challenges some senior advocates and those with limited internet access face with digital hearings. The Court acknowledged these practical difficulties but maintained that the fuel conservation imperative required a shift toward virtual hearings as the default.

Fuel Conservation Measures Across the Judiciary

Beyond virtual hearings, the Supreme Court has introduced several fuel conservation measures for its own functioning. Judges have been encouraged to use car-pooling arrangements to reduce the number of vehicles travelling to the Court complex each day. Up to 50 per cent of Registry staff in each branch or section may work from home for up to two days a week on a rotational basis, reducing commuter fuel consumption. Non-essential travel by court staff for administrative purposes has been curtailed.

These measures mirror similar steps taken by the Central Government across its departments. The government had issued an advisory to all ministries and public sector undertakings to adopt fuel conservation practices, including staggered working hours, work-from-home policies, and reduced official travel. The judiciary independent action demonstrates its willingness to contribute to national fuel conservation efforts.

CJI Asks All High Courts to Follow Suit

Chief Justice Surya Kant has communicated with all High Courts requesting them to conduct online hearings to the extent possible. The request extends the virtual hearing framework beyond the Supreme Court to the entire higher judiciary across the country. Individual High Courts are expected to issue their own administrative orders based on local conditions, infrastructure readiness, and the views of their respective Bar Associations. Several High Courts, including those in Delhi, Bombay, and Karnataka, had already begun increasing virtual hearing slots before the Chief Justice communication.

The Limits of Compulsion and the Right to Practice

The Supreme Court acknowledged that under the current legal framework, it cannot force advocates to appear only through video conferencing. The right to practise law, guaranteed under Article 19(1)(g) of the Constitution, includes the right to choose the mode of appearance. Any blanket mandate restricting physical appearances could face legal challenges as an unreasonable restriction on the right to practise. The Court therefore framed its direction as an appeal rather than a compulsion, balancing fuel conservation objectives with the professional autonomy of advocates and the right of litigants to have their counsel appear in person.

Key Takeaways

Video conferencing is now mandatory for Supreme Court miscellaneous-day hearings (Mondays and Fridays) until further orders, while physical appearances remain available for those facing difficulties. The CJI has requested all High Courts across India to adopt online hearings to the extent possible. Fuel conservation measures within the judiciary include car-pooling among judges and rotational work-from-home for up to 50 per cent of court staff. The Court has framed virtual hearings as an earnest appeal rather than an absolute mandate, recognising that it cannot legally compel advocates to appear only through video conferencing without risking a challenge under the right to practise.