CJI is 'master of roster', has ultimate authority to allocate cases: SC

The chief justice of India is the "master of the roster" and there is no dispute that he has the "ultimate authority" and "prerogative" to allocate cases, the Supreme Court asserted today, in third such reiteration by the apex court in eight months on the contentious issue.

A bench of justices A K Sikri and Ashok Bhushan in their separate but concurring verdicts noted that being the senior-most judge, the CJI is empowered to exercise 'leadership" on the court and in this role, he is expected to be the "spokesperson and representative" of the judiciary in its dealings with the executive, the government and the community.

Referring to several earlier verdicts of the apex court, including a judgement by a five-judge Constitution bench and a three-judge bench, justice Sikri said the CJI has the authority and responsibility for administration of the court and this gives him the "ultimate authority for determining the distribution of judicial work load".

Justice Bhushan also said the law laid down earlier by the apex court makes it clear that allocation of business of the court by the CJI "not only flows from the constitutional provisions but is held to be prerogative of the Chief Justice and which is a convention followed from the very beginning".

In his 41-page verdict, Justice Sikri said, "There is no dispute...that 'Chief Justice' is the master of roster and has the authority to allocate the cases to different benches/judges of the Supreme Court. The petitioner (former law minister Shanti Bhushan) has been candid in conceding to this legal position."
Referring to an earlier verdict of the top court, Justice Sikri said, "This judgment, in no uncertain terms, holds that the 'Chief Justice' in his individual capacity is the Master of Roster and it cannot read as collegium of first three or five judges. Thus, it is his prerogative to constitute the benches and allocate the subjects which would be dealt with by the respective benches."