CJI-led Bench asserts his own powers as the master of roster

A Supreme Court Bench headed by Chief Justice of India (CJI) Dipak Misra reasserted his own authority on Wednesday, in the face of criticism from fellow judges, and said he is the first among equals and cannot be distrusted.

The Bench of CJI Misra and justices AM Khanwilkar and DY Chandrachud made the comments while dismissing a petition filed by Lucknow lawyer Ashok Pande who had sought "transparent" guidelines on allocation of cases and constitution of Benches to hear them. The Bench said the CJI is a high constitutional authority to do both jobs for smooth dispensation of justice.

"There cannot be a presumption of distrust against the CJI in his exclusive prerogative, granted by the Constitution, to set up Benches and allocate cases to judges," Justice DY Chandrachud said, speaking for the Bench.

Pande had sought that the CJI should sit with the two most senior judges and consult them in allocation of work. He had urged that Constitution Benches should have the five most senior judges. He had also asked for specialised Benches to deal with PILs, tax, criminal, land and service cases.

The petition was filed after the top court's four most senior judges held an unprecedented press conference in January and criticised CJI Misra for his style of administration and allocation of cases. Justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph had also said that they went public against the CJI to "save the institution and the democracy."

The office of the CJI is an institution in itself, the Bench, however, said on Wednesday, seeking to allay fears surrounding the alleged allocation of cases to preferred Benches.

In November last year, CJI Misra had formed a five-judge Constitution Bench to declare his position as the "master of the roster." Former law minister Shanti Bhushan has also filed a petition challenging CJI Misra's authority as the "master of the roster."

Authored by Justice Chandrachud, slated to become the top judge in 2022, Wednesday's order said, "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."

"The ultimate purpose behind the entrustment of authority to the Chief Justice is to ensure that the Supreme Court is able to fulfill and discharge the obligations which govern and provide the rationale for its existence," it said.

HE CANNOT BE DISTRUSTED: TOP COURT

• Bench junks plea that sought ‘transparent’ guidelines on allocation of cases and constitution of Benches to hear them. 
• It says the CJI is a high constitutional authority to do both jobs for smooth dispensation of justice.