'Master of roster' authority to CJI comes from Constitution says SC

Time to introspect on streamlining justice delivery system SC

Time to introspect on streamlining justice delivery system SC

In the backdrop of the four most senior judges holding an unprecedented presser earlier this year over the Chief Justice of India's role as "master of the roster", the Supreme Court on Wednesday dismissed a plea seeking transparent guidelines and framework for allocation of cases and setting up of benches. The bench of CJI Dipak Misra and justices A M Khanwilkar and D Y Chandrachud was passing orders on a petition said, there can't be a presumption of distrust in the Chief Justice of India.

It said specific provisions should be incorporated in the Supreme Court Rules of 2013 that the three-judge Bench in the Chief Justice of India's court should consist only of the Chief Justice of India and the court's two senior-most judges.

The PIL was filed after the12th January press conference conducted by four senior-most judges of the apex court.

Mr. Pande's petition came up for hearing nearly immediately after the Supreme Court's number two judge, Justice Jasti Chelameswar, attacked the Chief Justice of India's discretionary powers to constitute Benches and allocate cases.

Chief Justice of India Dipak Misra. On both occasions, Chief Justice Misra headed the Benches.


The Supreme Court reaffirmed that this authority to CJI is granted by the constitution and there is no debate in that. "We allow the matter to rest and accordingly, the petition is dismissed" the bench said. "To hold otherwise would be to cast a reflection on the competence and ability of other judges to deal with all cases assigned by the Chief Justice notwithstanding the fact that they have fulfilled the qualifications mandated by the Constitution for appointment to the office", the verdict adds.

Jaising further submitted to the apex court that there are so many rituals in the Hindu marriage which get performed without the consent of a girl and requested the SC to codify them.

"An assessment of performance of a high court judge, I am talking about elevation to the Supreme Court, is hardly done".

The order stated that the CJI is a high constitutional functionary, there can not be "any distrust about the responsibilities he discharges" to ensure that the Supreme Court to carries out the work required under the Constitution. There can not be a presumption of mistrust.

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