CJI has prerogative, authority to allocate cases to different benches; SC dismisses plea of Shanti Bhushan

New Delhi, July 6: The Supreme Court on Friday dismissed the plea of Shanti Bhushan and maintained that the Chief Justice of India (CJI) is the master of the roster and has the authority to allocate cases to different benches of the apex court.

 

Notably, former law minister and esteemed lawyer Shanti Bhushan filed a plea seeking regulation of powers of the Chief Justice of India (CJI) in constituting benches and allocating cases. However, a bench comprising justices A K Sikri and Ashok Bhushan dismissing the plea of Shanti Bhushan said that the CJI is a master of the roster and has the authority to allocate cases to different benches of the apex court.

After giving the verdict, justice A K Sikri said, "As far as the role of CJI as master of the roster is concerned, there is no dispute that he is the master of a roster and has authority to allocate cases to different benches of the Supreme Court."

He further said that it would be difficult to accept the submission of the petitioner that the term Chief Justice of India under the Supreme Court Rules should be read as the collegium comprising five senior-most judges for allocating cases.

"The erosion of judiciary in the minds of people is the greatest threat to the judicial system," he said, adding that CJI, being the senior-most judge of the Supreme Court is the "spokesperson and leader of the judiciary".

Agreeing to Justice Sikri's opinion, Justice Ashok Bhushan said the CJI has the prerogative to allocate cases and nominate benches to hear them. He further added that there are rich conventions and practices of SC which are time-tested and should not be tinkered with.