NDLI: Shanti Bhushan Vs. Supreme Court of India Through Its Registrar and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Disposed Off
Headnote	Constitution of India – Art.145 – Administrative authority ofChief Justice of India in preparing roster for allocation of cases –Clarification of – Held: Per A.K. Sikri, J.: The Constitution is silenton the role of the ‘Chief Justice’ – However, the Constitution Benchin the case of Campaign for Judicial Accountability and Reformshad held that Chief Justice alone has the administrative control ofthe Supreme Court and he is the Master of the Roster and he alonehas the prerogative to constitute the Benches of the Court andallocate cases to the Benches so constituted – Legal positioncontained in the various judgments of the Supreme Court is basedupon healthy practice and sound conventions which have developedover a period of time and that stands engrafted in the SupremeCourt Rules – The two most obvious functions of the ‘Chief Justice’are to exercise judicial power as a Judge of the Court on equalfooting as others, being ‘among equals’ and to assume responsibilityof the administration of the Court, which gives him the ultimateauthority for determining the distribution of judicial work load –Per Ashok Bhushan, J. (concurring): Sub-article (1) of Art.145provides that subject to the provisions of any law made by Parliament,the Supreme Court may from time to time, with the approval of thePresident, make rules for regulating generally the practice andprocedure of the Court, including the various subjects as enumeratedin sub-article (1) – The power of the Chief Justice to allocate casesflows from the rules framed u/Art.145 – The Chief Justice of Indiahas been exercising the jurisdiction of formulating the roster forconvenient distribution of Court’s business and constituting thebenches from time to time – Furthermore, it is also clear from thelaw laid down by the Supreme Court in various Judgments thatallocation of business of Court by the Chief Justice not only flows from the Constitutional provisions but it is the prerogative of theChief Justice and which is a convention followed from the verybeginning – Supreme Court Rules, 2013 – Practice and Procedure.Supreme Court Rules, 2013 – Whether the expression ‘ChiefJustice’ in the Supreme Court Rules is to be read as ‘Collegium’ offirst five Judges – Held: Per A.K. Sikri, J.: In case the expression‘Chief Justice’ is to be interpreted as ‘Collegium’, it would be difficultto have smooth day to day functioning of the Supreme Court –Assigning of cases is undertaken by the Chief Justice on daily basisin contrast with the meetings of the Collegium for the purpose ofappointment of Judges, which is infrequent – Thus, meeting ofCollegium for the purpose of assigning the cases to a particularBench on daily basis is impracticable – Per Ashok Bhushan, J.(concurring): Art.145 empowers the Supreme Court to frame ruleswith the approval of the President and the Rules framed by SupremeCourt u/Art.145 specifically refers the Chief Justice in Chapter VI,the Chief Justice, who is to nominate the bench for hearing everycase, appeal or matter – There is no indication in any of theConstitutional provisions or rules framed thereunder that allocationof cases and formation of benches, Chief Justice should be read ascollegium – Practice and Procedure
Judge	Hon'ble Mr. Justice Arjan Kumar Sikri
Neutral Citation	2018 INSC 589
Petitioner	Shanti Bhushan
Respondent	Supreme Court Of India Through Its Registrar And Another
SCR	[2018] 12 S.C.R. 972
Judgement Date	2018-07-06
Case Number	789

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