The Judge observed that SC must instead function more democratically, like the High Courts which work through committees and administrative bodies.
Stature of the Chief Justice of India (Case law: State of Rajasthan v. Prakash Chand)
- The Chief Justice of India (CJI) is the highest-ranking officer of the Indian judiciary. In his capacity as a judge, the CJI is ‘primus inter pares’ (‘the first among equals’).
- In the discharge of his other functions, the CJI occupies a position which is ‘sui generis — in a class by itself.
The “disproportionate” power of the Chief Justice of India
- Master of the Roster: CJI has the prerogative to constitute benches and allocate cases, significantly influencing judicial outcomes (Case law: In Shanti Bhushan Vs Supreme Court of India, 2018).
- Constitution Bench Assignment: CJI often assigns Constitution Bench cases to themselves, thus controlling major decisions.
- For instance: CJI is almost never in the minority in Constitution Bench cases (Only 14 dissents since 1950).
- Control Over Case Listing: CJI can delay case hearings by withholding bench constitution, effectively avoiding decisions on controversial matters, impacting timely justice.
- The administrative power for determining the work structure of the Court and the Registry exclusively vests in the Chief Justice of India.
Steps Taken to Democratise the Supreme Court
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