Can Chief Justice Assign Cases To Be Examined By Apex Court

CJI has authority to decide allocation of cases, rules SC

CJI has authority to decide allocation of cases, rules SC

Justice Joseph referred to the Centre's three-month-long inaction on the recommendation to appoint Uttarakhand CJ K M Joseph and senior advocate Indu Malhotra as judges of the SC.

But he added: "The intent behind Justice (Kurian) Joseph's letter is that the court should act collectively".

A bench of Justices AK Sikri and Ashok Bhushan asked Attorney General KK Venugopal and Additional solicitor general Tushar Mehta to assist with the PIL which argues that the CJI can not exercise his power of allocation "arbitrarily". He said the Centre's block on the January 10 recommendations had caused difficulties in sending more names for the SC and HCs.

"When Justice Karnan challenged the dignity of the Court, you may kindly recall that we met in Full Court and resolved to take the issue suo motu on judicial side".

"We are very, very concerned about what is happening in court and we believe that the option that is available to us is still open", Congress spokesperson Kapil Sibal said when asked about the party's stand on the issue. The court fixed April 27 as the next date of hearing. We are not able to sit for the second phase since fate of the first is not known.

As Dave responded in the affirmative, Justice Sikri said: "Prima facie, we don't see that for this, the CJI be treated as Collegium".

Besides, he said the depleted strength of 24 judges instead of 31 are reeling under the pressure of work. "Please understand that we are dealing with an institution and I want to make it very clear that it will be a very sad day if the Opposition has to take that step, but that does not mean that the Opposition has foreclosed that option". I am more anxious about the irreparable injury that is being caused by the wrong message sent to the Judges down the line.

Justice Sikri pointed out that hundreds of cases are filed in the court every day and at least a lakh cases annually. "It appears, your personal efforts have not been fruitful", he said.

The Supreme Court on Wednesday said that the Chief Justice of India (CJI) is the "first among equals" and has the constitutional authority to decide the allocation of cases and setting up of benches to hear them.

If there is no normal delivery on completion of the gestation period, what is urgently done is Caesarean section. Unless such a surgical intervention is made at an appropriate time, the child in the womb dies. It is time to further insulate judges from governments and increase retirement ages, bring pensions on par with last salary drawn, amend statutes to remove requirements for retired judges in tribunals, and create an appointments commission for tribunals that serving judges, lawyers and others can apply to.

The plea filed by Shanti Bhushan, a senior advocate and former law minister, and his son, Prashant Bhushan, called for the authority to allocate important and sensitive cases to be extended to the Supreme Court's four senior-most judges, apart from the chief justice.

This is unedited, unformatted feed from the Press Trust of India wire.

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