20
Friday
July 2018
3:00 AM IST
News Headlines
Home   | Main News   | Kerala  | National   | International  | Business   | Sports   | Entertainment   | Columns   | Offbeat   | About Deepika 
Kerala News
Supreme Court dismisses plea challenging Chief Justice role in allotment of cases
 
A bench headed by Chief Justice Dipak Misra on Wednesday dismissed a plea challenging his prerogative to allot cases and decide composition of benches of the apex court.

Holding that the Chief Justice is at the “helm of the institution” and was conferred with authority under the Constitution to take decisions on allotment of cases, justice D.Y. Chandrachud said, “There should not be a ‘presumption of mistrust’ in the discharge of duties by the chief justice”.

To this effect, the order authored by justice Chandrachud stated, “The oath of the office demands nothing else.”

Reiterating that the Chief Justice was the “master of the roster” and sole authority to decide on allotment of cases, the court held that “in the allocation of cases and the Constitution of benches, the Chief Justice has an exclusive prerogative. As a repository of constitutional trust, the Chief Justice is an institution in himself. The authority is entrusted to the chief justice because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the court”.

The three-judge bench was hearing a plea by lawyer Asok Pande, seeking a regularized and transparent procedure for allotment of cases that are brought to the top court to different benches.

The petition also sought Constitution benches comprising the five senior-most judges—Chief Justice Dipak Misra and justices J. Chelameswar, Ranjan Gogoi, Madan B. Lokur, Kurian Joseph—or a combination of the three senior-most and two junior-most judges. Similarly, it asked for a three-judge bench to include the chief justice and two senior-most judges.

This request was rejected for lacking constitutional basis and the fact that it would “intrude into the exclusive duty and authority of the chief justice” to constitute benches and allocate cases.

A similar challenge to the allegedly unbridled and exclusive powers of the chief justice brought by advocate and former law minister Shanti Bhushan and lawyer/social activist Prashant Bhushan is pending before the top court.

This is not the first time that the apex court has upheld the powers of the chief justice to decide what case is put before which judge.

In November 2017, a Constitution bench headed by Misra asserted that as Chief Justice, he was the master of the roster and it was his prerogative to assign cases to benches of the apex court.

The verdict assumes significance as it comes in the backdrop of the 12 January press conference of senior judges who raised the issue of improper allocation of cases.

To be sure, a new system for allocation of cases was put in place by chief justice Misra. Under the new roster system, effective 5 February, cases were to be allocated based on the subject matter they entail.

The chief justice would, however, still be vested with a big chunk of important matters including all special leave petitions, and matters related to public interest, social justice, elections, arbitration, and criminal matters.


Kerala among 13 states on thunderstorm alert
Kerala Karshaka Jadha Opens to a Great Beginning / Video
Malappuram press club attack: RSS workers nabbed
Workers injured in mudslide at construction site
Latvian tourist's dead body cremated
State's 16th century wooden palace now gets a website
Two held in connection with Lithuanian tourist's rape, murder
SSLC results declared
UDF takes out bullock cart rally against fuel price hike / Video
Pregnant lady falls from bus, gets injured
Varappuzha Sreejith's death: AV George to be interrogated
Sreejith's wife to receive government job, ex-gratia
Malayalam detective novelist Kottayam Pushpanath passes away
State to have directory of skilled labourers soon
Naidu's walk and talk with Kochi's officers
90-year-old tribal woman writes exam; Kerala tribals on "literacy path"
Custodial death:HC directs CBI, Govt to inform stand on plea seeking probe
Date for Chengannur by-poll announced
Now, railway tickets in Malayalam too
Decomposed body of Malayali woman found buried in her house in Sharjah
ENTERTAINMENT NEWS
I am a big flop actor: Karan Johar
 (Mumbai, May 5, 2018): Filmmaker Karan Johar is in mood to take up full-fledged acting jobs.  
Bittersweet moment for us: Akshaye on Vinod Khanna's Dadasaheb Phalke honour
Happy Sonam is getting married, Anand a great guy: Harshvardhan Kapoor
Auctioning 'Rustom' costume for good cause: Akshay Kumar
INTERNATIONAL NEWS
'Not too late to save Brexit': ex-foreign secretary Johnson
 London, Jul 18 (AFP) Former British foreign minister Boris Johnson urged the government today to cha
Canada: Trudeau set to reshuffle govt ahead of 2019 election
Official: 54 released from Taliban prison in Afghanistan
Putin: US-Russia ties should not be held hostage to Mueller probe
NATIONAL NEWS
Woman alleges rape by Delhi-based singer
 New Delhi, July 18 (PTI) A woman has accused a Delhi-based Punjabi singer of raping her, the police
Opposition parties commit to fight against any amendment in RTI Act
Tharoor blames right-wing activists for attacks, demands PM intervention
Two dead, 3,500 relocated as rains lash parts of Gujarat
Untitled Page
Rashtra Deepika LTD
Copyright @ 2017 , Rashtra Deepika Ltd.