Does Being “Master Of The Roster” Mean That CJI Remains Unaccountable & Cannot Be Questioned? Justice AP Shah [Full Text Of BG Verghese Memorial Lecture]

"Today, we have a situation which was foreseen many decades ago, by Chief Justice Y.V. Chandrachud, when in 1985 he observed, “There is greater threat to the independence of the judiciary from within than without...” Mind well, these threats many a times are orchestrated at the behest of the executive".Former Chief Justice of Delhi High Court and the former Chairman of Law Commission of India on Friday opined that the role played by the Chief Justice of India as master of the roster should be more consultative process than it is today. He said that the Chief Justice is merely first among equals.He was giving the BG Verghese Memorial Lecture on the subject 'Chief Justice - First Among Equals'. He also presented this year's Chameli Devi Jain award for the best woman journalist to NDTV's Uma SudhirHe said the question that arises in the present context is 'whether this power of being “master of the roster” is unfettered and can be exercised without due attention being paid to convention or transparency and fairness'."I would like to stress that I am not - in any way - suggesting that seniority should have been the criteria for allocation of cases, but the fact that all four of the top five judges of the Supreme Court, other than the Chief Justice, have been curiously kept out of all constitutional matters, is surely strange and something to be questioned".He observed that it is the duty of every Chief Justice to aspire to protect fundamental features of the judiciary."There are robust practices that are followed in many High Courts in India itself, which can be used as examples. For example, Chief Justices of High Courts normally decide benches in advance, taking into conscious consideration relevant factors such as the ability of the judges and their previous experience in handling certain kinds of subject matters. Division Benches are always headed by senior judges, and it will never happen that a senior judge is sitting in a roster of lower importance, while a junior judge heads a Division Bench. The objective of the Chief Justice, in managing the roster, is to strike a balance between disposal of cases, and maintaining the integrity and independence of the institution and the quality of justice that is meted out"He said the present Chief Justice’s actions may have been exercised in individual capacity, but are indicative of a deeper malaise affecting the Indian judiciary."What is to happen when a Chief Justice does not adhere to these principles? Does being “master of the roster” mean that such a person remains unaccountable and cannot be questioned?"."In a system that is built on the idea of the separation of powers, each branch of the state feels that it operates in perfect internal balance. Indeed, in India, the threat to judicial independence is most commonly seen as one emerging from the executive branch, and occasionally the legislature. Today, we have a situation which was foreseen many decades ago, by Chief Justice Y.V. Chandrachud, when in 1985 he observed, “There is greater threat to the independence of the judiciary from within than without...” Mind well, these threats many a times are orchestrated at the behest of the executive".He also said that the time has come to do away with the collegium system, and re-look at the opaque system that the judges have constructed for themselves."And most certainly, this is an opportunity to introduce reform in the allocation of cases. The role played by the CJI as master of the roster should be more consultative process than it is today. Perhaps the Supreme Court can consider framing rules along the lines of the ECJ and ECHR. A healthy balance of senior and junior judges is also desirable, as I discussed earlier. There must also be efforts made to democratize the position of the CJI and High Court Chief Justices. They all enjoy immense powers in the courts, as their roles are structured today. It would be wonderful if the present CJI would take up these issues. In any case, Justice Gogoi has raised some of these questions, and if he is indeed next in line to the office of CJI, he must use his time to change these processes.Judges Press ConferenceRegarding the press conference by four senior Judges he said the press conference and the allegations made by the judges brought to light many issues which have been simmering for several months, and which strike at the foundations of the institution."When the four judges held this press conference, some commentators speculated that this amounted to gross impropriety on their part, and their actions smacked of judicial misconduct. While they have not attempted to defend their actions thereafter, it seems unlikely that they would not have assessed the implications of these events. Indeed, their actions actually suggest the contrary, that rather than being in breach of their code of conduct, they were perhaps displaying allegiance to the oath of office they took upon entering office"." Some observers said that these...

Does Being “Master Of The Roster” Mean That CJI Remains Unaccountable & Cannot Be Questioned? Justice AP Shah [Full Text Of BG Verghese Memorial Lecture]

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