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Constitutional LawSupreme Court of India

Asok Pande v. Supreme Court of India thr. its Registrar and Ors.

Writ Petition (Civil) · 2018 INSC 326Decided 11 Apr 2018
Writ Petition (Civil) No. 147 of 2018
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

A practising advocate who described himself as a public-spirited litigant filed a writ petition asking the Supreme Court to frame a binding rule requiring that three-judge benches headed by the Chief Justice always consist of the Chief Justice and the two most senior judges, that Constitution Benches be composed only of senior-most judges, and that the Court be split into specialized divisions (criminal, PIL, tax, service, land-dispute courts, etc.). He also sought a similar rule for the Allahabad High Court, casting aspersions on a specific High Court bench that had earlier held him in contempt and restrained his entry into that High Court's premises.

Decision Breakdown

The Supreme Court held that the petitioner's personal grievance against the Allahabad High Court's contempt order could not be raised in this unrelated Article 32 petition, since the correctness of that order wasn't in question and the necessary parties weren't before the Court. On the substantive relief, the Court reaffirmed, citing State of Rajasthan v. Prakash Chand and the Constitution Bench ruling in Campaign for Judicial Accountability and Reforms v. Union of India, that the Chief Justice is the exclusive "Master of the Roster" with sole prerogative to constitute Benches and allocate cases, and that no mandamus can compel a rule-making authority to frame rules in a particular way or dictate how Benches must be composed. The Court also rejected the premise that seniority alone determines a judge's competence to hear any category of case, noting every judge appointed under Article 124 is equally duty-bound to hear cases assigned by the Chief Justice. Despite calling some of the petitioner's averments "scandalous," the Court chose only to caution him rather than penalize him, and dismissed the writ petition for lack of merit.

Lesson Learnt

The power to decide which judges sit on which bench and hear which cases belongs exclusively to the Chief Justice (of the Supreme Court or a High Court) as "Master of the Roster": no court can be directed by a litigant, or even by other judges, to compose benches by rank or seniority, and a writ petition cannot be used as a backdoor to re-litigate or cast aspersions on an unrelated, unchallenged judicial order.

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