CJI an institution in himself, has exclusive prerogative to set up benches: SC

Asserting the superior authority of the Chief Justice of India, the Supreme Court today held that the CJI is an "institution in himself" and occupies a "unique position" having the "exclusive prerogative" to allocate cases and set up benches.

Rejecting a plea for guidelines on the setting up of benches and allocation of work to judges, the bench headed by Chief Justice Dipak Misra also said there cannot be a "presumption of mistrust" against the CJI.

The verdict assumes signficance as it comes against the backdrop of an unprecedented press conference on January 12 by the four senior most judges of the apex court where they targeted Justice Misra over what they called improper allocation of cases.

Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph had said the Chief Justice was "the master of the roster" but is "only the first amongst the equals - nothing more or nothing less."
The entrustment of functions to the CJI as the head of the institution, is with the purpose of securing the position of the Supreme Court as an independent safeguard for the preservation of personal liberty, it said, adding "there cannot be a presumption of mistrust. The oath of office demands nothing less."