The apex court on Friday (July 6) ruled that CJI is the master of the roster as it has statutory and judicial backing and allocating cases through the Collegium undermine the position of CJI.
A bench of Justices AK Sikri and Ashok Bhushan noted that “the machinery of an institution will collapse if all the judges are allowed to take cases of their own choice. Hence someone allocating is a must”.
“We can’t import new procedure when it is a conventional process. CJI is the matter of the roaster, it has statutory and judicial backing,” the bench said.
The bench was hearing a plea which sought allocation of cases through five-judges Collegium and CJI should not be the master of roster.
During today’s hearing, the bench was informed by one of the counsel that “In today’s digital world when a judgment is passed it is criticised and so much has changed in the society but characteristics such as Wisdom, patience, balance etc. of a judge will never change. This is essential to maintain faith in judiciary”.
The counsel further added: “Wisdom should be left to the CJI. Reform is a continuing process, whether it be judicial or administrative.”
—India Legal Bureau