The Constitution cannot fall silent at night.

Q. The Constitution cannot fall silent at night. (15 marks, 250-350 words)

Article 21 protects life and personal liberty against deprivation except by procedure established by law [3] — but executive action does not observe court timings. In July 2026 a Supreme Court Bench led by CJI Surya Kant issued notice to all High Courts on a possible Standard Operating Procedure (SOP) for after-hours access in life-and-liberty cases [1], reviving the principle that a right without a remedy at the hour of violation is illusory.

Why liberty cannot wait for court hours - Petitioners cited late-night arrests, early-morning demolitions and weekend deportations, where delay makes consequences irreversible [1]. - Habeas corpus, the classic liberty writ, loses meaning if the first hearing is days away. - Midnight and holiday sittings already occur, but as discretionary favour rather than enforceable right — accessibility varies with who can reach a judge.

Enabling infrastructure already exists - e-filing, digitised court records and video-conferencing under the e-Courts Mission Mode Project Phase-III, where virtual courts may function 24x7 [2]. - Justice Bagchi noted courts never fully "close" given e-filing, email and telephonic access — favouring a graded approach [1]. - NALSA's toll-free helpline 15100 and legal-aid clinics at police stations can serve as first-contact points for the poor [4].

Challenges to institutionalising it - Risk of misuse for non-urgent matters; the CJI cautioned that any mechanism be strictly circumscribed [1]. - Federalism: High Courts are not under the Supreme Court's administrative control, so uniformity must come judicially, not by fiat [1]. - Judicial fatigue, registry staffing and uneven district-level connectivity.

A workable design is narrow, not open-ended: a rostered duty judge, objectively defined emergency triggers, digital mentioning, and mandatory recording of reasons — extending the e-Courts backbone rather than building anew. Institutionalising nocturnal access converts judicial benevolence into constitutional entitlement, advancing SDG 16's promise of access to justice for all and ensuring the Constitution speaks at every hour.

(~315 words)

Sources: 1. SC weighs SOP for cases affecting life and liberty — The Hindu, July 15, 2026 — plea details, notice to High Courts, CJI's misuse caution and federalism observation, Justice Bagchi's "graded approach" 2. PIB, Ministry of Law & Justice — e-Courts Phase-III — e-filing, digitisation of records, virtual courts functioning 24x7 3. The Constitution of India, Article 21 — India Code, Government of India — protection of life and personal liberty 4. National Legal Services Authority — Legal Aid — helpline 15100, legal-aid clinics at police stations