CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMS versus UNION OF INDIA AND ANOTHER

CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMS versus UNION OF INDIA AND ANOTHER

The Chief Justice of India is the master of the roster in the Supreme Court and has exclusive prerogative to constitute Benches and allocate matters; no Bench or Judge can allocate matters or direct constitution of a Bench contrary to orders of the Chief Justice.

Parties
Petitioner: Campaign for Judicial Accountability and Reforms; Respondent: Union of India; Respondent: Supreme Court Bar Association (SCBA)
Jurisdiction
India
Judgment Date
10 November 2017
Procedural Posture
Writ Petition (criminal) Under Article 32 of the Constitution of India / Order on Bench Constitution and Listing; Matter to Be Listed Before Appropriate Bench
Outcome
Matter to be listed before appropriate Bench to be allocated by the Chief Justice of India.
Legal Topics
Master of Roster, Bench Composition, Administrative Powers of Chief Justice
Judicial Administration Constitutional Law Master of Roster Bench Composition Administrative Powers of Chief Justice

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Parties

Campaign for Judicial Accountability and Reforms

Petitioner

Union of India

Respondent

Supreme Court Bar Association (SCBA)

Respondent

Procedural Posture

Writ Petition (criminal) Under Article 32 of the Constitution of India / Order on Bench Constitution and Listing; Matter to Be Listed Before Appropriate Bench

Legal Issues

  1. 1 Whether any Bench other than that allocated by the Chief Justice of India can decide Constitution of Benches and allocate matters
  2. 2 Whether the Chief Justice of India is the master of the roster in Supreme Court as in High Courts

Ratio Decidendi

The Chief Justice of India is the master of the roster in the Supreme Court and has exclusive prerogative to constitute Benches and allocate matters; no Bench or Judge can allocate matters or direct constitution of a Bench contrary to orders of the Chief Justice.

Court Disposition

Matter to be listed before appropriate Bench to be allocated by the Chief Justice of India.

Orders

  • Any order passed contrary to this order shall be treated as ineffective in law and not binding on the Chief Justice of India.
  • Present writ petition to be listed before appropriate Bench as allocated by the Chief Justice.