The Supreme Court has reiterated that Chief Justice of India (CJI) is first among equals and has exclusive prerogative to allocate cases and constitute benches.
SC Ruling
- The CJI in his capacity as judge is primus inter pares, first among equals.
- In discharge of his other functions, CJI occupies position which is sui generis, in class by itself.
- Article 146 reaffirms position of CJI as head of institution.
- From institutional perspective, CJI is placed at helm of SC.
- In the allocation of cases and constitution of benches, CJI has exclusive prerogative.
- CJI is institution in himself as he is repository of constitutional trust.
- The authority which is conferred upon CJI is vested in high constitutional functionary necessary for efficient transaction of administrative and judicial work of SC.
- The ultimate purpose behind entrustment of authority to CJI is to ensure that SC is able to fulfil and discharge constitutional obligations which govern and provide rationale for its existence.
- The entrustment of functions to CJI as head of institution, is with purpose of securing position of SC as independent safeguard for preservation of personal liberty.
- There cannot be a presumption of mistrust. The oath of office demands nothing less.