Supreme Court to Examine the Plea on CJI’s Power

Published on 14 Apr 2018 by Shivi

The Supreme Court has agreed to take up the plea that challenges the current roster systems and the Chief Justice of India’s powers to allocate cases.  

An apex bench comprising of Justice A.K. Sikri and Justice Ashok Bhushan have asked the Attorney-General K.K. Venugopal and Additional Solicitor-General Tushar Mehta for their assistance to decide the matter.

The matter was presented by senior counsel Kapil Sibal and Dushyant Dave, along with senior advocate Shanti Bhushan. The constitutional matter was raised, whereby Shanti Bhushan challenged the roster system notified by the registry and asked that the listing of cases before different benches must be decided by a collegium of 5 judges in future.

The writ petition filed by the senior advocate also raised the substantial question of law relating to the scope of the administrative powers of the CJI and exercise of these powers.

Senior counsel Dushyant Dave cited the Judges case of 1998 wherein the CHI was interpreted as the collegium of judges by the Supreme Court itself. However, Justice Sikri pointed out that the interpretation was made only for the purposes of appointment and transfer of judges and not with respect to the CJI’s power to allocate cases.


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