CJI IS THE ‘FIRST AMONG EQUALS’ & ‘MASTER OF ROSTER’

The Supreme Court (SC) has ruled that the Chief Justice of India (CJI) has the complete authority to decide the allocation of cases and the setting up of benches.SC declared that the CJI is the ‘first among equals’ with ‘exclusive prerogative’ to allocate cases and constitute benches.

Position of CJI:

1. The Chief Justice of India is the head of Indian judiciary and the Supreme Court. Being a high constitutional functionary, CJI is responsible for the allocation of cases and appointment of constitutional benches.
2. In accordance with the Article 145 of Indian Constitution and the Rules of Procedure of 1966 of SC, the CJI allocates all work to other judges who are bound to refer the matter back to him or in any case where they require it to be looked into by a larger bench of more judges.

How the cases are allocated:

1. As per the SC’s roster system, there are no set rules for the allocation of cases, but generally, the cases are divided on the basis of subject matter, and then assigned to the benches dealing in those matters.
2. The CJI has to approve it, but as a master of the roster, he has the authority to make changes or to decide to set up larger benches.
3. The convention of recognizing that Chief Justice of India is the master of roster and assigns cases to different benches is for the disciplined and efficient transaction of court business and not a recognition of superior authority.
4. The functions of the CJI as 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.

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 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. There cannot be a presumption of mistrust.

By: Harman Sandhu