SC reaffirms that Chief Justice is the Master of Roaster.

Mr. ASOK PANDE has filed a writ petition before the Supreme Court of India seeking the following prayers.

“(a) to issue a writ of mandamus to the first respondent (Supreme Court of India) to evolve the set Procedure for constituting the benches and allotment of jurisdiction to different benches in Supreme Court. The Petitioner seeks mandamus to the first respondents to have a specific rule in Supreme Court Rules that the three judges bench in Chief Justice court shall consist of the chief justice and two senior most judges and the Constitutional bench shall consist of five senior most judges or three senior most Judges and two junior most judges.

The Petitioner also seeks a writ of mandamus to the first respondent to constitute :

Supreme Criminal Court

Supreme PIL Court

Supreme Tax Court

Supreme Service Court

Supreme Land Dispute Court

Supreme Misc. Matter Court…. Etc.

(b) The Petitioner also seeks writ of mandamus to the second respondent i.e. Allahabad High Court to evolve set rules with respect to formation of benches and vesting of jurisdiction to them on the pattern of rules so framed by the Supreme Court. The rule should also contain that the bench of Advocate judges will be constituted with Advocate judges and the bench of service judges coming from eligibility criteria number one of article 217 (3) of Constitution with the judges coming from District judiciary not with Advocate Judges”

The Supreme Court has delivered this judgment today reaffirming its view that Chief Justice is the Master of Roaster by relying on the recent judgments of Supreme Court in Campaign for Judicial Accountability and Reforms v Union of India and State of Rajasthan Vs Prakash Chand. The Supreme Court reiterates that Mistrust cannot be presumed. The Supreme Court has dismissed the Writ Petition with the following observations.

“15. Underlying the submission that the constitution of Benches and the allocation of cases by the Chief Justice must be regulated by a procedure cast in iron is the apprehension that absent such a procedure the power will be exercised arbitrarily. In his capacity as a Judge, the Chief Justice is primus inter pares: the first among equals. In the discharge of his other functions, the Chief Justice of India occupies a position which is sui generis. Article 124(1) postulates that the Supreme Court of India shall consist of a Chief Justice of India and other Judges. Article 1463 reaffirms the position of the Chief Justice of India as the head of the institution. From an institutional perspective the Chief Justice is placed at the helm of the Supreme Court. In the allocation of cases and the constitution of benches the Chief Justice has an exclusive prerogative. As a repository of constitutional trust, the Chief Justice is an institution in himself. The authority which is conferred upon the Chief Justice, it must be remembered, is vested in a high constitutional functionary. The authority is entrusted to the Chief Justice because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the Court. The ultimate purpose behind the entrustment of authority to the Chief Justice is to ensure that the Supreme Court is able to fulfil and discharge the constitutional obligations which govern and provide the rationale for its existence. The entrustment of functions to the Chief Justice as the head of the institution, is with the purpose of securing the position of the Supreme Court as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less”.

It is also relevant to note that the aforesaid order of dismissal has been passed in a circumstances when Mr.Prasanth Bhusan has filed Writ before the Supreme Court challenging the Authority of Chief Justice of India in the context that Chief Justice is the Master of Roaster.

Download the judgment here  [download id=”3295″]