New Delhi: The Supreme Court on Friday agreed to examine a plea challenging the existing roster system and powers of the Chief Justice of India to allocate cases.
A Bench of Justices A.K. Sikri and Ashok Bhushan, after hearing senior counsel Kapil Sibal and Dushyant Dave for former Union law minister and senior advocate Shanti Bhushan, sought the assistance of attorney-general K.K. Venugopal and additional solicitor-general Tushar Mehta to decide this important constitutional issue.
Mr Bhushan is challenging the “roster system” notified by the registry and sought a direction that in future listing of cases before the appropriate benches should be decided by collegium of five judges.
In his writ petition, Mr Bhushan raised substantial question of law as to scope and ambit of the administrative powers and their exercise by the Chief Justice of India, going to the root of the functioning of the Supreme Court of India and as such is very critical to the interpretation of the Constitution of India and the Rule of Law in India.
Mr Dave cited the 1998 judges case in which the Supreme Court itself had interpreted the CJI to mean collegium of judges. Justice Sikri pointed out that it was for the purpose of appointment and transfer and has nothing to do with the CJI’s administrative power in allocation of cases. It is settled law that CJI is the 'master of roster’, Justice Sikri added.
Mr Dave argued that certain sensitive cases were allocated to Benches as per the special orders of the CJI. The CJI should not be left with absolute discretion in such cases which should be allocated by collegium of five judges.
