Campaign for Judicial Accountability and Reforms vs Union of India - Supreme Court

Campaign for Judicial Accountability and Reforms vs Union of India  - Supreme Court Important Judgment 2017 - 

 

On 10th November, 2017, in the case of Campaign for Judicial Accountability and Reforms v. Union of India and another [Writ Petition (Criminal) No.169 of 2017], a five Judge Constitution Bench of the Supreme Court held that “no Judge can take up the matter on his own, unless allocated by the Chief Justice of India, as he is the master of the roster.” As far as the composition of Benches is concerned, it was held that “the principles stated in Prakash Chand case, which was stated in the context of the High Court, shall squarely apply to the Supreme Court and “there cannot be any kind of command or order directing the Chief Justice of India to constitute a particular Bench.”

It was observed that this has been also the convention of this Court, and “the convention is followed because of the principles of law and because of judicial discipline and decorum. Once the Chief Justice is stated to be the master of the roster, he alone has the prerogative to constitute Benches. Needless to say, neither a two-Judge Bench nor a three-Judge Bench can allocate the matter to themselves or direct the composition for constitution of a Bench. To elaborate, there cannot be any direction to the Chief Justice of India as to who shall be sitting on the Bench or who shall take up the matter as that touches the composition of the Bench.” “Such an order cannot be passed. It is not countenanced in law and not permissible.”