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2018 (7) TMI 2219 - SC - Indian LawsRole of Chief Justice as the "Master of Roster" - Seeking this Court to clarify the administrative authority of the Chief Justice of India (Chief Justice) as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases - the submission is that once the Rules are framed, matters should be listed and fixed for hearing as per the provisions, particularly Order III Rules 7 and 8, thereof. As per A.K. Sikri, J. HELD THAT:- The Constitution makers reposed great trust in the judiciary by assigning it the powers of judicial review of not only the administrative acts of the Government/Executive but even the legislative acts of the Legislature. In the process, judiciary discharges one of the most important functions, namely, the administration of justice. It does so by upholding the Rule of law and, in the process, protecting the Constitution and the democracy. Our Constitution guarantees free speech, fair trials, personal freedom, personal privacy, equal treatment under the law, human dignity and liberal democratic values - the judiciary even without the sword or the purse, remains the guardian of the Constitution. Its sole strength lies in the public confidence and the trust. The faith of the people is the bed-rock on which the edifice of judicial review and efficacy of the adjudication are founded. Erosion of credibility of the judiciary, in the public mind, for whatever reasons, is greatest threat to the independence of the judiciary - It has also become a regular feature that even laymen, who are constitutionally illiterate, enter such debate and evaluate the outcomes influenced by their emotions, rather than on legal or constitutional principles. The role of the 'Chief Justice' as Master of Roster also assumes much significance. Each 'Chief Justice' performs his role by consultation and consensus, after taking into account various factors including individual Judges' interests and abilities, their specialisation in a particular area, their capacity to handle particular type of cases and many other relevant considerations. However, the exercise of such a power with wisdom has to be left to the 'Chief Justice' who is given the prerogative of the 'Master of the Roster'. It is difficult to accept the prayer of the Petitioner that the expression 'Chief Justice' appearing in the Supreme Court Rules, 2013 be read as 'Collegium' of five senior most Judges for the purpose of allocating the matters. At the same time, we feel that debate generated as a result has served its purpose. As per Ashok Bhushan, J. With regard to procedure and practice of Supreme Court, Article 145 empowers the Supreme Court to frame Rules with the approval of the President. The word practice and procedure of the Court are wide enough to include practice and procedure relating to preparation of roster and allocation of cases. The Rules framed by Supreme Court Under Article 145 specifically refers the Chief Justice in Chapter VI as noted above, the Chief Justice, who is to nominate the bench for hearing every case, appeal or matter. There is no indication in any of the constitutional provisions or Rules framed thereunder that for allocation of cases and formation of benches, Chief Justice should be read as collegium. For reading Chief Justice as collegium, Under Article 124, there was a constitutional basis. The submission that Constitution does not specifically mention Chief Justice to exercise power of allocation of cases and constitution of Benches, hence, Chief Justice is not empowered to do the same, is not a valid submission. Under the constitutional scheme itself as contained in Article 145, the practice and procedure of the Supreme Court is to be regulated by the Rules made by the Supreme Court with approval of the President. Rules framed Under Article 145 specifically empower the Chief Justice to nominate Benches for hearing cases or appeal. Non-containing of any specific provision in the Constitution empowering the Chief Justice to frame the roster to allocate the cases is inconsequential since the entire subject was to be covered by Rules made Under Article 145. The law laid down by this Court is that; the power of framing roster which inheres in the Chief Justice has constitutional and statutory backing and by convention it is treated as prerogative of the Chief Justice. We, thus, cannot import the international practices in the constitutional and statutory scheme of this Court. Petition disposed off.
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