Former Law Minister Shanti Bhushan Challenges CJI's Power As Master Of Roster In SC Alleging Abuse Of Power By CJI Dipak Misra In Constitution Of Benches& Assigning Cases [Read Petition]

Amidst all the noise about “unfair listing of cases” and benches being handpicked for certain cases which reached its highest decibel with the unprecedented Press conference by the rebel judges, Former Law Minister and senior advocate Shanti Bhushan has filed a petition seeking clarification of administrative authority of the Chief Justice of India as the master of roster and for laying down of procedures to be followed in preparing the roster for allocation of cases which should be by a collegium of five judges to check the “unguided and unbridled discretionary power” of the Chief Justice as the Master of Roster.The petition, Mr Bhushan says, has been filed to check the abuse of powers of CJI in assigning cases or constituting benches.Since the petition has impleaded CJI himself (presently Dipak Misra), Mr Bhushan has written to the Supreme Court, Secretary General, that in this case the Chief Justice should neither hear the case nor decide the roster for the hearing of this case. “‘Master of roster’ cannot be unguided and unbridled discretionary power, exercised arbitrarily by the Hon’ble Chief Justice of India by hand-picking benches of select Judges or by assigning cases to particular Judges. Any such power or its exercise would result in a subversion of democracy and the Rule of Law as guaranteed under Article 14 of the Constitution. “The authority of the Hon’ble Chief Justice of India as master of roster is not an absolute, arbitrary, singular power that is vested in the Chief Justice alone and which may be exercised with his sole discretion,” it says.The petition prays for following reliefs: Issue a writ of declaration or a writ in the nature of declaration or any other appropriate writ, order or direction holding and declaring that listing of matters must strictly adhere to the Supreme Court Rules, 2013 and Handbook on Practice and Procedure and Office Procedure, subject to the following clarification: The words ‘Chief Justice of India’ must be deemed to mean a collegium of 5 senior judges of this Hon’ble Court. holding and declaring that the consultation by the Registry Officials for listing purposes, if any with the Hon’ble Chief Justice of India must include consultation with such number of senior-most judges as this Hon’ble Court may fix in the interest of justice. prohibiting the Hon’ble Chief Justice of India and concerned respondents from listing any matter contrary to the Supreme Court Rules, 2013 and Handbook on Practice and Procedure and Office Procedure or picking and choosing Benches for the purpose of listing contrary thereto, with the above modification of replacing ‘Chief Justice of India’ with the collegium of 5 senior most judges of this Hon’ble Court. That this Hon’ble Court may clarify that when matters are mentioned for urgent hearing/listing, only a date/time of hearing would be fixed but the bench to hear the matter would be determined in accordance with the Rules. CJI should consult senior judges Mr Bhushan says in the petition that the “authority vested in the Chief Justice of India must necessarily be exercised by him in consultation with the senior judges of the Supreme Court in keeping with the various pronouncement of this Hon’ble Court. “Underlying the evolution of the principle of the collegium is the Hon’ble Supreme Courts dictum that the collective opinion of a collegium of senior judges is much safer than the opinion of the Chief Justice alone”.The petition says even the international best practices are based on objective rules for case allocation that respect collegiality, the relevance of seniority, equality of the Justices, fairness of work distribution, expertise and transparency.CJI cannot assert superior authorityThe petition says the CJI may be the master of roster but this power to exercise such authority cannot be used to assert any superior authority by the Chief Justice since it is a well settled principle of jurisprudence that the Chief Justice is only the first among equals.It is to be noted that a roster declares what work is assigned to High Court and Supreme Court judges. ‘Master of the Roster’ refers to the privilege of the Chief Justice to constitute Benches to hear cases.Mr Bhushan says this power must be exercised in a fair, just and transparent manner and in keeping with the high standards of integrity desired from the office of a Chief Justice of India who yields greater power when it comes to Constitutional cases involving constitution of larger benches. “The absolute discretion of the Chief Justice of India in allowing a particular case or disallowing another on oral mentioning is also another important aspect that needs to be scrutinised in its application and exercise,” says the petition.Mr Bhushan says the manner in which power has been concentrated in the office of the Chief Justice of India raises serious problems relating to constitutionalism and the rule of law.Citing the cases titled State of Rajasthan vs. Prakash Chand and Others...

Former Law Minister Shanti Bhushan Challenges CJI's Power As Master Of Roster In SC Alleging Abuse Of Power By CJI Dipak Misra In Constitution Of Benches& Assigning Cases [Read Petition]

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